UMAR ATA BANDIAL, J.---The petitioner was absent from duty for 12 days without obtaining leave. He was dismissed from service for such misconduct vide order dated 17.10.2106 passed by the Colonel Sector Commander , Cholistan Rangers, HQs, Rahim Yar Khan. Learned counsel for the petitioner has argued that the petitioner had a genuine reason for his absence, namely , the involvement of his mother in an accident and therefore, he left his post in an emergency .
2. It is admitted that leave was not obtained by the petitioner nor was any written application submitted by him for seeking such leave. During the period of his absence his mobile phone remained switched off; so that when the Sector Commander on receipt of his SMS wanted to contact him he was not available. Thirdly , the petitioner's mother was admittedly advised rest for a few days after her thigh injury had been attended to. The petitioner did not have a valid reason to remain absent from duty for 12 days.
3. In the circumstances, the petitioner could have returned immediately thereafter which he did not. Petitioner belongs to a disciplined force/ service and his absence from duty without authorization is a serious misconduct.
This is happened for the third time during a span of his service. Earlier in 2010 when he remained absent for 7- days, and in 2011 when he was absent for 27 days, the petitioner was awarded punishment but without affecting right of service. In 2016, the highest pena lty of dismissal from service has been awarded to him. We agree with the action taken against the petitioner . However , the severity of the punishment of dismissal lies in the consequence that the petitioner cannot seek governme nt employment in any other department or office. He is an able bodied young man and may qualify for government employment where strict discipline is not enforced.
4. Consequently , this petition is converted into appeal and partly allowed converting the petitioner's penalty of dismissal into removal from service.