' ARSHAD BIN AHMAD (MEMBER-IV).--- This appeal Bearing No,649 of 2004 filed by Muhammad Aslam is against the orders dated 6-12-2002 passed by the Superintendent of Police, Crimes-I, Lahore/ respondent No,1 awarding the major penalty of dismissal from service and treating the absence period as leave without pay. The appellant has also impugned the orders dated 10-3- 2004 of the Capital City Police Officer, Lahore/respondent No,2, i,e, appellate authority through which his departmental appeal was rejected.
2. The learned counsel for the appellant stating the facts of the case has argued that the orders passed by the respondent were based on wrong premise. The main point, which he brought out, was that the respondent No, I/competent authority vide his order dated 6-12-2002 while imposing the penalty of dismissal from service had regularized the absence period by treating the same as leave without pay. He has cited the judgments of this Tribunal of 1995 PLC (C.S.) 1161, whereby it has been held that the absence of civil servant was converted by the authority into leave without pay while at the same time, awarding the said civil servant the penalty of removal from service for his unauthorized absence is not permissible under any rule. Similar view was taken by this Tribunal in its judgment in Appeals Nos.555 of 2001 dated 3-12-2001 and 2654 of 2000 dated 6-3-2002 and recently by the Honourable Supreme Court through its judgment in Civil Petition No,1282-L of 2004 dated 23-1-2006.
3. Heard the above referred arguments of the learned counsel for the appellant in detail. The learned D.A could not controvert these arguments. The judgments inter-alia not only support the version of the learned counsel but also sustain the view that the impugned orders being inherently contradictory are not maintainable. The orders of dismissal from service passed by the competent authority on account of willful absence from duty, while treating the period of absence as leave without pay, cannot be treated as valid orders under the law.
4. Without going into the merits of the case, on this ground alone, I have no hesitation to accept this appeal. The impugned orders are set aside and appellant is reinstated in, service. The period he remained out of service is treated as leave of the kind due. The respondents may hold de novo proceedings under the law. No order as to costs. File be consigned to record room.