Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 1062

[Punjab Service Tribunal]

Before K.B. Abid, Member-III

BUSHRA SAFDAR

Versus

EXECUTIVE DISTRICT OFFICER (EDUCATION), DISTRICT JHANG and another

Appeal No.547 of 2006, decided on 16th May, 2006.

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---

----S.3---Punjab Service Tribunals Act (IX of 1976), S.4---Removal from service on account of wilful absence from duty---Appeal against---Appellant was removed from service on account of wilful absence from duty---Impugned orders of removal from service were passed by respondent authority without any reasons, and without affording opportunity of defence and personal hearing---Enquiry was not conducted in the case in accordance with law and appellant was not served final show-cause notice---Departmental authorities had not presented proper record regarding serving of show-cause notice and proceedings of enquiry---Appellant had made genuine request for extension of leave because she had to settle her marriage legalization---Genuine request of appellant was not considered---Penalty awarded to appellant was too harsh because she had rendered about 31 years at her credit---Penalty of removal from service was converted into compulsory retirement from service.

Pervaiz Inayat Malik and Syed Rashid Hashmi for Appellant.

Malik Ghulam Raza, District Attorney for Respondents.

Date of hearing: 16th May, 2006.

JUDGMENT

K.B. ABID (MEMBER-III).---Brief facts of the case are that appellant Bushra Safdar Ex-.EST, Government Girls Fazl-e-Umar High School, Chenab Nagar (Rabwa) was granted Ex-Pakistan Leave by the Education Department from 5-9-1996 to 31-10-1997 on half pay and w.e.f. 1-11-1997 to 31-12-1999 days without pay. The appellant was given this leave with the condition that she will return after expiry of the leave and not serve abroad during the period of leave. The appellant made a request first time in December, 1999 to the Secretary Education that extension in the Ex-Pakistan leave may be given so that she could solve her domestic problems. The request of the appellant was turned down and she was proceeded departmentally under RSO-2000 on account of wilful absence from duty w.e.f. 1-1-2000. After taking into consideration of the report of the Inquiry Officer, the District Education Officer (W-EE) District Jhang, removed the appellant from service. The departmental representation was made before EDO(E) Jhang, which was rejected on 26-10-2005.

2. Aggrieved by the orders of DEO(W-EE) Jhang and EDO(E) Jhang, the service appeal has been filed in PST under section 4 of PST Act, 1974.

3. Learned Counsel for the appellant has argued that the appellant could not settle the formalities of marriage in accordance with the special laws of the country. The Ex-Pakistan Leave by the appellant was due to legal complications and she was constrained to apply for extension in Ex Pakistan Leave. The departmental authority had not informed her about rejection of her request for extension in leave. The request was genuine because she was busy in regularization of her marriage and the nationality. Instead of acceding to the genuine request of the appellant, departmental proceedings were initiated against her on the allegations of unauthorized leave and absence. The departmental action was taken and the appellant was not informed about the date of hearing. The orders passed by the departmental authorities are without any reason, opportunity of defence and personal hearing. The inquiry was not conducted in accordance with law. The appellant was not served the final show-cause notice.

4. Respondents have opposed the arguments of the counsel and stated that the appellant was given Ex-Pakistan Leave with clear condition that she will not ask for any extension and she will join the duty after expiry of the leave. The show-cause notice was issued to appellant but she did not provide reply within stipulated period of seven days. The appellant through letter dated 12-5-2005 was called for personal hearing on 21-5-2005. The appellant had not availed the opportunity of personal hearing on 21-5-2005. After this the inquiry proceedings were finalized. On the basis of this report appellant was removed from service.

5. Arguments of the counsel heard, record perused. The departmental authorities have not presented the proper record regarding serving of the show-cause notice and proceedings of inquiry. The appellant had made genuine request for extension of leave because she had to settle her marriage legalization. In case of leaving the family problem unsettled, she might have faced serious repercussions towards her family life. The genuine request of the appellant was not considered. Despite this the appellant should have been associated in the process of inquiry and opportunity of defence afforded to appellant. The penalty awarded to the appellant is too harsh because she has rendered about 31 years at her credit. The penalty of removal from service is converted into compulsory retirement from service. With these orders the appeal is disposed of.

H.B.T./21/PST Order accordingly.

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