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Petitioner: ALLAH DITTA VS Respondent: DIRECTOR OF EDUCATION, COLLEGES, BAHAWALPUR DIVISION, BAHAWALPUR
1992 P L C (C
1992 P L C (C.S.) 571
[Service Tribunal Punjab]
Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
ALLAH DITTA
versus
DIRECTOR OF EDUCATION, COLLEGES, BAHAWALPUR DIVISION, BAHAWALPUR and another
Appeal No. 635 of 1989, decided on 3rd December, 1990.
(a) Punjab Civil Servants Act (VIII of 1974)---
----S. 17---Revised Leave Rules, 1981, Rr. 9 & 11---Extraordinary leave, grant of---Grant of leave was a matter of discretion with competent authority and it could not be deemed as a right---Civil servant had remained on extraordinary leave for period of more than four years---Leave without pay could be granted on any ground upto a maximum period of five years under R. 9 of Rules, 1981, but it would not imply that it was obligatory on competent Authority to sanction such leave in all events---Since competent authority had decided not to grant any extension in extraordinary leave to civil servant, power and competence of competent Authority to refuse leave could not be challenged unless malice was attributed to such authority---Mere fact that civil servant had submitted an application for extension in leave would not give him any right to take the sanction for granted and presume that leave had been sanctioned.
(b) Civil service----
---- Termination of service---Where a Government servant had remained absent even for more than 5 years, termination of his service on ground of such absence, would not be automatic, but could only be brought about through due process of law---Punishment of termination of service on allegation of wilful absence from duty having been awarded to civil servant without holding any enquiry and without affording him opportunity to clear his position in prescribed manner, it would amount to denial of natural justice to civil servant---Orders of Authorities below terminating services of civil servant were set aside being void ab initio and he was reinstated in service.
M. Saleh Siddiqui for Appellant.
Ch. Manzoor Hussain, D.A. for Respondents.
Date of hearing: 10th October, 1990.