JUSTICE (R.) QAISER IQBAL, CHAIRPERSON --- This appeal under Section 4 of the Sindh Service Tribunals Act, 1973 read with Section 10 of the Removal from Service (Special Powers) Sindh Ordinance, 2000 has been preferred by the appellant against impugned order dated 11.07.2017 whereby major penalty of dismissal from service was awarded to the appellant on account of misconduct and negligency vide final order reproduced hereinbelow:--- OFFICE OF THE ASSISTANT INSPECTOR GENERAL OF POLICE TELECOMMUNICATION SINDH, KARACHI No, Tele/Estt/2017 Karachi dated 07.2017 FINAL ORDER HC/227 Muhammad Naeem Siddiqui was appointed as 'Wireless Operator in Police Telecommunication Sindh on 05.07.2002. In the 1st instance he was awarded major punishment of "Dismissal from Service" on amount of absence from duty w.ef 21.11.2005 to 21.02.2006 Vide this order No, 2040- 48/Tele/SSC/DP/06, dated 21.02.2006. Subsequently, he submitted appeal to the Sindh Service Tribunal, Karachi and on receipt of the Judgment from the Hon'ble Sindh Services Tribunal he was re-instated in service without any back benefits vide DIGP7T&T Sindh, Karachi order No, 2480-83/T&T/Estt, dated 28.05.2012. In the year 2015 above-named HC submitted an application through postal service for departmental permission (NOC) for the post of Primary School Teacher which was sent to the DIGP/T&T Sindh, Karachi vi e this office letter No, 5490- 91/Tele/Estt: /2016, dated 09.06.20 5 and finally the same was regretted/field by the DIGP/T&T Sindh, Karachi due to overage vide letter No, 5627/T&T Estt/2015, dated 09.07.2015. Later he was granted 20-days earned leave due to illness of his mother w,e,f, 16.10.2016 and due back for duty on but he did not report and absent himself without any intimation/prior permission, therefore his pay was stopped w,e,f, 05.11.2016 vide order No, 5908-11/Tele/Estt/2016, dated 16.11.2016." On account of wilful absent from duty he was issued/served Show-Cause Notice vide No, 5906- 07/Tele/Estt:/2016, dated 16.11.2016 but he did not submit reply to the show-cause notice. Instead of submission of reply he sent another application through postal service to the DIGP/T&T Sindh, Karachi for departmental NOC alongwith Joining report as Primary School Teacher in Taluka Education Officer PRY(Male) Gulberg Town, Karachi vide No, PEO/M/GT/(1694- 1696)/16, dated 03.11.2016. In this regard the DIGP/T&T Karachi had directed for personal hearing on 31.12.2016 which was sent to his residential address vide letter No, 6661-65/Tele /Estt: 2016, dated 29.12.2016 but he did not appear. Hence, this office move a letter to DIGP/T&T Sindh, Karachi seeking guideline for departmental proceeding against him vide No, 2227-28/Tele/Estt/2017, dated 07.04.2017. Since no reply received from HC in-question, a final show-cause notice was issued/served upon him regarding absent from duty and joined other Government department vide No, 2655- 56/Tele/Estt:/2017, dated 03.05.2017. On 11.05.2017 instruction received from the office of DIGP/T&T Sindk, Karachi to take departmental action against him vide letter No, 3356/T&T/Estt: 72017, dated 11.05.2017. In the meanwhile reply to the final show-cause notice received through postal service in which HC in-question has requested for grant opportunity for personal hearing. Therefore, he was called for orderly room on 06.06 2017: but he again Jailed to appear before the undersigned. This act on the part of said HC shows that he is not willing to appear before any competent authority and it is apparent that he has nothing to say in his defence.
Though, he has been appointed as Primary School Teacher without getting necessary departmental NOC, therefore I found no cogent reason to retain him in Police department and constrain to take ex parte decision. Hence, keeping in view of his prolonged absence from duty, gross misconduct and negligence, he is hereby awarded a "Major Punishment of Dismissal from Service" under the rule 3(1)(a)(b) of the Removal from Service (Special Power) Sindh Ordinance, 2000. The absence period w,e,f, 05.11.2016 to-date is treated as without pay.
Sd/- (ENGR. 'NISAR AHMED CHANNA) QPM SPS Assistant Inspector General of Police Telecommunication Sindh Karachi No, 3946-57/Tek/Estt/2017 Karachi dated 11.07.2017
2. Briefly, the facts leading to the case are that the appellant was appointed as Head Constable in Sindh Police on 05.07.2002 despite of the fact that the appellant had under-gone training at Karachi on 15 years. He was not awarded promotion in the next cadre. The appellant while serving in Police Department had applied for the post of Primary School Teacher in Education & Literacy Department, Government of Sindh through proper channel on 09.06.2015, thereupon appellant joined as PST vide order dated 01.11.2016. It is alleged that the Assistant Inspector General of Police, Telecommunication Sindh served a show-cause notice dated 03.05.2017 upon the appellant, removed him from service under the Removal from Service (Special Powers) Sindh Ordinance, 2000 on the point of negligence, inefficient & misconduct. Vide impugned order dated 11.07.2017 appellant was dismissed from service, against which appellant preferred departmental appeal remained un-decided. Hence this appeal.
3. The respondent No, 1 did not submit written statement, he was treated ex parte, debarred from filing written statement.
4. The respondent No, 2 in written statement submitted that the appellant has not submitted any appeal before respondent No, 2.
5. The respondent No, 3 in written statement submitted that respondent No, 4 forwarded an application of appellant for acquiring departmental permission for the post of Primary School Teacher which was regretted due to overage. However, vide letter dated respondent No, 4 informed that the appellant has resumed duty as Primary School Teacher, upon which respondent No, 4 was directed to call the appellant for personal hearing on 31.12.2016 but the appellant did not appear in orderly room.
6. The respondent No, 4 in the written statement submitted that in the year 2015 appellant submitted an application through postal service for departmental permission (NOC) for the post of Primary School Teacher which was regretted/filed by the DIGP T&T Sindh due to over age. Later, appellant was granted 20 days leave w,e,f, 16.10.2016 but he did not report back and absented himself without intimation/prior permission. He joined Education Department without getting NOC form Police Department. The DIGP T&T Sindh directed for personal hearing on 31.12.2016 but appellant did not appear as such he was awarded major punishment of dismissal from service.
7. The appellant has submitted that he was dismissed from service on account of absence from duty. He was granted 20 days earned leave due to illness of his mother w. el: 16.10.2016, required to join duty back on 04.11.2016. He remained wilfully absence from duty. The appellant had requested the competent authority for NOC as he was interested to join as Primary. School Teacher.
Consequence thereof he was appointed by the Education Department as Primary School Teacher on 01.11.2016 and had submitted joining report on 03.11.2016. The competent authority had proceeded to impose major punishment of dismissal from service on account of misconduct and negligence. The appellant had served Police Telecommunication Department for about 15 years, he was not afforded an opportunity of personal hearing and was entitled to all back benefits admissible under the law for the unblemished service rendered.
8. It is well-settled principle of law that question as to whether inquiry shall be held against a civil servant or not will depend on the facts of each case. The main allegation against the appellant is of unauthorized absence from duty which is also admitted as the appellant after joining Education Department without intimation remained absent, therefore there seems to be no technical lapse for conducting disciplinary proceedings as no prejudice would be caused to the appellant, therefore, the authority was justified in proceeding under Section 5(4) of the Ordinance, 2000.
Therefore, holding of the inquiry was dispensed with the allegation contained in show-cause notice are not denied by the appellant. The appellant did not reply the show-cause notice instead of replying he sent another application through postal, service to the DIGP (T&T) Sindh, Karachi for departmental NOC alongwith joining report as Primary School Teacher in Taluka Education Officer PRY (Male) Gulberg Town, Karachi. The appellant was served with notice for personal appearance at his residential address but he did not appear, a final show-cause notice was issued after service reply was submitted by the appellant through postal service. He requested for grant of opportunity for personal hearing he was called in orderly room on 06.06.2017. He again failed to appear before AIGP (Telecommunication) as a consequence ex parte decision appellant was dismissed from service. The appellant has admittedly joined service in Education Department on account of gross misconduct his case falls under Police Rule 14.11-A which states that "if an enrolled police officer withdraws from the duties of his office without permission or without having given the tow month's previous notice as prescribed in rule 14.11(2) or being absent on leave, fails, without reasonable cause to report himself for duty on the expiration of such leave he shall be prosecuted under Section 29 of the Police Act, 1861 and a warrant for his arrest shall be applied for".
9. After careful perusal of the record, we are of the view that the appellant has conducted gross misconduct, he remained wilfully absent, joined another government department viz. Education Department without obtaining NOC from his parent department.
10. However, taking into consideration the record of the case the penalty awarded to the appellant of dismissal from service is converted into Removal from Service under Section 5(1) of the Sindh Service Tribunals Act, 1973.
The appeal stand disposed of in above terms.