Law:

Section:

Pakistan Water and Power Development Authority Leave Rules for Water and Power Development Authority Employees, 1982--- ----R. 27---Service Tribunals Act (LXX of 1973), S.4---Fundamental Rules, R.18---Constitution of Pakistan (1973), Art.212(3)---Absence without leave for 21 years---Belated issuance of show-cause notice---Effect---Employee joined service of WAPDA in 1974 and in the year 1976, he proceeded on leave and remained absent for 21 years---Employee was issued show-cause notice on 30-9-1997 and his services were terminated in the same year---Federal Service Tribunal on appeal reinstated employee in service after treating his prolonged absence without leave as extraordinary leave without pay on ground that WAPDA was responsible for lapses for not taking notice of such absence at the earliest---Validity---Action of WAPDA against employee was though belated but it was the employee who had to justify his absence of not one day but of more than two decades---Absence of employee was so glaring and unjustifiable that there was no need even to hold an enquiry-Belated action taken by WAPDA was perfectly justified---Employee being in service of an authority, he could not be allowed to rejoin his service at his own pleasure and convenience---Rule 27 of Pakistan WAPDA Leave Rules for WAPDA Employees, 1982, clearly provided that even by combination of different types of leaves, an employee was to cease to be an employee, if he remained absent beyond a prescribed period---Even under Rule 18 of Fundamental Rules, a civil servant who remained continuously absent from duty with or without leave for a period of more than five years ceased to be in government service---Issuance of show-cause notice could at the most be dubbed as a much belated action but this lapse did not in any case regularize an absence of 21 years without leave---Appeal filed by WAPDA was accepted. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J. --- This appeal, by leave to Court, is filed by WAPDA through the Superintending Engineer and Executive Engineer, Jhang against the judgment dated 18-7-1998 of the Federal Service Tribunal whereby, on acceptance of his appeal, Manzoor Hussain Ex-Assistant Lineman was…

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