Rizwan Ali Dodani, Member .--This appeal under Section-4 of the Service Tribunal Act, 1973 has been preferred by the appellant against the punishmen t of Severe Reprimand imposed vide order dated 11.12.2017 under Pakistan Rangers (Efficiency , Discipline & Appeal) Rules, 1967. His departmental appeal against the said order has been rejected vide order dated 14.2.2018.
2. Brief facts of the case, as narrated in the pleadings are that the appellan t had not vacated the official accommodation, as such, Sector Commander on 11.10.2017, asked the concerned quarter to initiate offence report of the officer concerned. The appellant was time and again asked by the concerned for vacating the officer married accommodation on 20.10.2017, 21.10.2017, 03.11.2017, 10.11.2017, 22.l1.2017, 23.11.2017, 24.11.2017 and 29.11.2017. On 22.11.2017, the appellant sent his application for transfer and posting to Karachi, whereupon he was directed to vacate the accommodation by 30.11.2017. Finally , the appellant was served with charge sheet on 07.12.2017 and reply thereof was submitted by the appellant on 08.12.2017 and requested for retention of the said quarter due to ailment of his wife. As the appellant failed to vacate the family accommodation despite the consecutive orders, therefore, he was awarded the sentence of Severe Reprima nd vide impugned order dated 11.12.2017. The appellant against the said order sent his departmental appeal to the appellate authority on 08.10.2018, which was rejected on 01.2.2018; hence this appeal.
3. The learned counsel for the appellant argued that the accommodation in question was allotted to the appellant initially in the year 2008 and finally it was allotted to him upto 31.3.2017 vide letter dated 18.8.2016. However , he on 29.9.2017 had requested for and extension of the said accommodation vide application dated 29.9.2017 but the Respondent No. 2 i.e. Sector Commander , Qasim Rangers, did not forward the said application to the Respondent No. 1, who is the competent authority , therefore, the appellant, amongst other officers Ex-Interior Sectors living , with families at Karachi Rangers married accommodation over five years were given notice to vacate the accommodation forthwith vide letter dated 03.11.2017. He submitted that had the extension application been forwarded to the competent authority the appellant would not have been issued the vacation orders in respect of the said accommodation, instead an explanation was called by the compet ent authority vide letter dated 30.10.2017 and the explanation letter dated 04.10.2017 submitted by the appellant was regretted vide order dated 09.10.2017. He lastly submitted that he has not refuted the orders of the competent authority in respect of the accommodation under such circumstances.
4. Conversely , the learned counsel for the respondents argued that the appellant was ordered by the competent authority to vacate the accommodation which was subsequently extended time and again but on failure of the appellant to do so, the disciplinary action was initiated. He further argued that after issuance of the charge sheet dated 07.12.2017, the appellant was called by the authorized officer before him and he admitted while answering to Question No. 2 that he could not vacate the premises due to the domestic problem s and education of his children.
Therefore, the punishment has correctly been awarded.
5. Heard the learned counsel for the parties and perused the record minutely . With regard to the grievance of the appellant that his extension application has not been considered, it has been observed from the record that the reasons which were given in the application for extension were also narrated by the appellant in his explanation in response to the letter calling is explanation by the authorities, therefore, we are of the view that the authorities have considered his reasons for not delivering the possession of the accommodation. It has also found on the record that after rejection of his explanation vide order dated 09.10.2017, he was directed to vacate the accommodation by 10.10.2017, yet he failed to vacate the accommodation and further he has repeatedly been asked to vacate the accommodation vide various letters lastly on 29.11.2017. Therefore, we are of the considered view that the reasons for not vacating the accommodation were considered by the respondents and the appellant was given considerable notices/orders to vacate the accommodation but he remained failed until the issuance of charge sheet.
6. In view of the above discussion, the instant appeal is dismissed being devoid of merits. No order as to costs.
7. Parties be informed accordingly .