Willful absence from duty without authorization

2020 P L C (C.S.) 1207  [Supreme Court of Pakistan]

(a) Civil service—
—-Willful absence from duty without authorization—–Removal from service converted into resignation—Petitioner was continuously on leave with effect from 1.4.2008 to 1.7.2013 and his application for extension of leave was not allowed, therefore, he was under an obligation to report for duty which he did not do— Petitioner’s application for extension also stated that in case his leave could not  be extended and he could not be transferred to his native city, his letter may be treated as his resignation—In view of the fact that the department neither extended his leave nor transferred him to his native city, it should have accepted his resignation and relieved him from duty—Action of the department to have waited and thereafter finding the petitioner absent from duty without leave leading to removal from service proceeding against him was not only unnecessary but also without lawful justification—Service Tribunal was correct in coming to the conclusion that the order of removal from service was unsustainable, however, in view of the fact. that petitioner had tendered his resignation with effect from 1.7.2013, his resignation from service was to be accepted from the said date—Having admittedly tendered his resignation on 1.7.2013 and having never formally withdrawn the same, no lawful reason or basis was made out to reinstate the petitioner into service—Petitions for leave to appeal were dismissed and leave was refused.

Post excerpts