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Petitioner: MRS. Z. MAHMOOD MIRZA VS Respondent: GOVERNMENT OF THE PUNJABHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 782
[Service Tribunal Punjab]
Present: Muhammad Mahmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
Mrs. Z. MAHMOOD MIRZA
Versus
GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab and another
Appeal No. 158 of 1987, decided on 4th December, 1990.
Civil service---
---- Compulsory retirement---Major penalty of compulsory retirement, was awarded to civil servant for unauthorised absence from duty---Civil servant who was granted deputation for abroad for one year, but said period was extended twice, each time for one year at the request of civil servant---After expiry of extended period, civil servant again applied for further extension of period to which civil servant was advised to send application with all relevant documents through Embassy of Pakistan concerned---Civil servant accordingly applied through Embassy which was forwarded by Embassy to Authority, but on receipt of same Authority informed civil servant that deputation period of 5 years had already been expired, civil servant should reach Pakistan---Civil servant returned back and reported for duty, but Authority after initiating departmental proceedings against civil servant awarded major penalty of compulsory retirement from service for unauthorised absence from expiry of extended period of 2 years---After expiry of extended period, civil servant has been sending applications regularly, every year for extension in deputation, but no action was taken by Authority on those applications except on two of them when it advised civil servant to submit application through Embassy---Civil servant also had been depositing pension and leave contributions and Government had been accepting and acknowledging same without and objection---Such virtual inaction on the part of Authority and especially advice given by it to civil servant for submitting applications through Embassy, must have created impression in the mind of civil servant that extension asked for would eventually be granted Authority having failed to recall civil servant as deputations after expiry of period of deputation, civil servant would be justified in presuming that his continuance with foreign Government had the tacit approval of Authority---Gap of about six months between issuance of direction by Authority to civil servant to return to Pakistan and his actual return, otherwise, could be condoned because that much time would in any case have been needed in normal course of things by anyone to wind up affair; abroad before returning to Pakistan---Order of Authority against civil servant awarding penalty of compulsory retirement was set aside after condoning delta: and he was reinstated in service.
1986 PLC (C.S.) 685 ref
MA. Riaz for Appellant.
A.G. Humayun, District Attorney for Respondents.
Date of hearing: 17th October, 1990.