1. M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant an ex-Agriculture Officer is aggrieved by the order of Government of Punjab dated 8th/12th December, 1979 dismissing him from service under (E & D) Rules, 1975 on the charges of misconduct for disobeying Govern--ment orders.
2. Briefly the facts of the case are that the appellant was allowed to work on deputation with a Private Firm M/s. Agriculture Aviation Limited, initially for a period of one year. However, before the expiry of the said period, the Government of Punjab on 3rd October, 1979 recalled him. He was ordered vide notice dated 23rd November, 1978 and dated 5th December, 1978 to rejoin the Department by 10th December, 1978 without fail. But the appellant appears to have failed to comply with the above orders. The Government also advised the Private Firm on 13th December, 1978 to relieve the appellant. On the appellant's failure to comply with the orders above, the Director of Agriculture Corp Reporting Service, Punjab was appointed Enquiry Officer on 13th January, 1979. The appellant was again served with a notice dated 26th April, 1979 to explain his conduct. The appellant appeared before the Enquiry Officer on 10th May, 1979 but he did not offer any written explanation.
3. Again on 12th May, 1979 another notice by registered post was sent to the appellant to explain his misconduct. On 13th May, 1979 the Government was informed that the appellant was likely to join the duty on 1st June, 1979. On his failure to resume the duty he was finally served with a show--- cause notice on 17th June 1979 to show cause as to why a major penalty should not be imposed on him. He was heard by the Secretary, Agricul--ture on 30th June, 1979 before whom the appellant undertook to resume duty immediately. Taking a lenient view and also considering the fact that the appellant was willing to obey the repatriation order the disciplinary action was dropped. He was posted to Rakh Rajar Farm District Sargodha by the Director of Agriculture (Extension) Punjab, Lahore.
4. However the appellant contrary to his undertaking, again failed to join. Ultimately another show- cause notice under rule 6(3) of the Punjab Civil Servants (E & D) Rules, 1975 was issued to the appellant and he was granted a personal hearing by the Secretary Agriculture on 10th November, 1979. The appellant submitted that in view of the domestic circumstances he was unable to join at Rakh Rajar. The Government took it as dis--obedience of the orders of Government and ordered his dismissal.
5. We have heard the parties and gone through the records. The factual position is not disputed that the appellant failed to comply with the orders of the Government to resume his duty in the Department and also that he failed to report at the place of his posting at Rakh Rajar Farm, Dis-- trict Sargodha. Thus his misconduct is clearly established. The explana--tions offered by the appellant cannot be accepted as he was bound to comply with the repatriation and the transfer orders in accordance with his terms and conditions of service. We do not find any force in the explanations of the appellant. The appellant however submitted that the punishment was too harsh. He had 21 years of service to his credit and according to him, he had only explained his difficulty resulting from his transfer and he never intended to defy the orders of the Government as such. Keeping in view of length of service and the circumstances explained by the appellant and that it was the first default, we are inclined to take the lenient view and accordingly modify the punishment to compulsory retirement, The order was announced in the presence of the parties in open Court.