JUSTICE (R) MUHAMMAD JAHANAIR ARSHAD, CHAIRMAN This appeal is directed against the order dated 4.4.2007 passed by the Executive District Officer (Health), Jhelum/competent authority whereby the appellant was dismissed from service and the order dated 9.1.2008 passed by District Coordination Officer, Jhelum dismissing the appeal filed by the appellant. The facts in brief of this appeal are that the appellant was implicated in a crime case vide F.I.R. No. 83 registered under Sections 13/14, Zina (Enforcement of Hudood) Ordinance, 1979 and was arrested on the same day i.e. 3.7.2004. He was however, allowed bail by the Crime Court on 14.9,2004, but resumed his duty on 13.8.2005. The appellant remained absent from duty from 3.7.2.004 to 13.8.2005. The competent authority considering the same as wilful absence from duty issued show-cause notice to. Him and on receipt of the reply being not satisfied with the explanation proceeded to dismiss him from service vide order dated 4.4.2007. Against the said order of dismissal, the appellant filed appeal/representation which too was dismissed by the District Coordination Officer, Jhelum vide order dated 9.1.2008. Hence this appeal.
2. It is submitted by the learned counsel for the appellant that prior to the impugned action, the appellant was proceeded departmentally by the competent authority and. The period of his alleged absence from duty as mentioned above was considered as willful absence and the competent authority vide order dated 21.6.2006 imposed penalty of stoppage of three increments and his period of absence was treated as. Extraordinary leave without pay. But on an appeal filed by the appellant, this-Tribunal set aside the impugned order vide judgment dated 24.11.2007 passed in Service Appeal No. 2586/2006. The learned counsel for the appellant further submits that after the order of this Tribunal dated 24.11.2007 neither the present proceedings could have been initiated against the appellant nor the appellant could be punished for the same act as the same amounts to double jeopardy being in violation of fundamental right granted in the Constitution of Islamic Republic of Pakistan, 1973. The learned counsel for thd appellant further submits that after the passing of order dated 24.11.2007 by this Tribunal condoning the absence of the appellant from duty during the said period, the appellant could not be punished twice and that the imposition of major penalty was not in accordance with the provisions of law. The learned counsel further submits that even the District Coordination Officer, Jhelum while passing the order dated 9.1.2008 failed to take notice of the earlier order of this Tribunal condoning the absence of the appellant during the said period. The learned counsel further submits that order of District Coordination Officer, Jhelum is neither a speaking order, nor based on independent and judicious application of mind and the appeal filed by the appellant was disposed of in a slip-shod manner. The last contention of-the appellant is that after the inclusion of Section 24-A of General Clauses Act, it is now the legal duty of the public functionary not only to pass a speaking order but also that the order be passed. With conscious application of mind to the facts and circumstances of the case which are lacking in the present case.
3. On the other hand, the learned: Assistant District Attorney has opposed this appeal on the ground that though the period. Of absence of the appellant from 14.9.2004 to 13.8.2005 stands condoned, yet the fact remains that the appellant failed to explain-his absence on 7.1.2006 satisfactorily, therefore . The competent authority rightly imposed major penalty of dismissal from service.
4. Arguments have been heard, and record perused.
5. There is no denial of the fact that vide order dated 24.11.2007 this Tribunal not only condoned the absence of the appellant for the above-mentioned period, but also held the period of absence as extraordinary leave without pay being without lawful authority. Therefore there is to the notice of the concerned, that passing of any order in violation of the law declared by hon'ble Supreme Court tantamount to contempt of Court also punishable under Article 204 of the Constitution of Islamic Republic of Pakistan and for that matter necessary recommendations for initiating of such proceedings could also be made to the hon'ble Supreme Court of Pakistan.
9. Office to send copy of this judgment to the Chief Secretary, Government of -the Punjab for his perusal and consideration.