Ch. Shahid Naseer , Member .--Briefly stated the facts of the instant service appeal are that, the appellant while serving in the respondent-Rangers applied for 30-days privilege leave w.e.f. 13.11.2014 to 12.12.2014, which was further extended upto 2.1.2015, on account of illness of his ailing father , but failed to report back for duty on the due date. Meanwhile, he submitted an applica tion for compulsory retirement on 7.4.20 16, the appellant reported back for joining duty, after about one year, three months and four days. He went abroad, owing to financial crises to meet with the expenditure for his father's treatment. But he was sent to Quarter Guard for four months without assigning any charge and no one considered his agony. Ultimately , the Respondent No. 2 passed an order dated 19.8.2016 culminating his dismissal with one year R.I. He preferred his departmental appeal to the Appellate Authority /Respondent No. 1, who rejected the same on 31.3.2017. The learned counsel has contended that the impugned orders, passed by the respondents, are harsh. He served the Rangers for over 20 years, honestly , without any complaint on his part. His absence was not deliberate. He was awarded punishment under Section 15(1) of Pakistan Rangers Ordinance, 1959, which do not fall within the ambit of the Ordinance ibid. The charge against him was that he absented himself and visited United Arab Emirates without getting formal approval of the Competent Authority , which fact was also concealed from the Court of Inquiry , hence, accepting his appeal the impugned orders, be set aside.
2. Vehemently contesting the appeal, the respondents have maintained that the service appeal has been, filed with mala fide as he intentionally concealed the real facts just to derive his ulterior interest. His careless attitude towards service does not deserve any relief. Being a member of disciplined force, the appellant visited abroad without getting approval of the Competent Authority . He was initially appointed on 18.8.1998 as Sepoy General Duty and subsequently promoted to the Rank of Lance Naik General Duty on 14.12.2012. He while serving in 12-Wing Chenab Rangers proceeded on 30-days privilege w.e.f. 13.11.2014 to 12.12.2014, which was further extended upto 2.1,2015, but he did not report back on the due date rather on 7.4.2016, at his own accord after one year, three months and four days, he reported back. Thereon, a Court of Inquiry was condu cted and he was found guilty of following of fences:- "Ist Charge: While serving in B-Coy ex 12 Wing Chenab Rangers Pasrur, on 12 November 2014, proceeded on 30 days privilege leave with effect from 13 November 2014 to 12 December 2014 which was further extended upto 02 January 2015, failed to report back on due date and reported back on 07 April 2016 at his own accord after an absence period of 01 year, 03 months & 04 days.
2nd Charge: Visiting United Arab Emirates withoutgetting approval from the Competent Authority.
3rd Charge: Hiding the facts during Court of Inquiry, conducted by the Department on his re- joining.
The appellant was served with Charge Sheet and after getting reply thereof he was dealt under Section 15(1) of Pakistan Rangers Ordinance, 1959 and was awarded the punishment of Dismissal from Service alongwith one year Civil Jail by Sector Commander Chenab Rangers on 18.8.2016 His departmental appeal was also considered by the Respondent No. 1, with due oppor tunity of personal hearing, which was rejected on merits on 7.3,2017. The learned A.A.-G has argued that the orders passed by the respondents as per gravity of the charge are liable to be upheld. He did not apply for loan whereas only applied for compulsory retirement, which was not acceded to by the Competent Authority . He went abroad without permission from the Competent Authority , hence appeal be dismissed.
3. Arguments heard. Record perused.
4. As record transpires that the appellant proceeded on 30-days privileged leave w.e.f. 13.11.2014 to 15.12.2014, which was further extended upto 2.1.2015 . On expiry of said leave, he did not bothe r to report back on the due date and just after one year, three months and four days, on 7.4.2016 he submitted report to his office about his arrival.
He left the country for UAE without gettin g approval from the Competent Authority as well as, without getting NOC from the concerned office. In this way, he has committed sheer violation of state law as well as Departmental Rules, He also committed an act of concealment of facts. Thereon, a preliminary inquiry /fact finding inquiry was conducted by the Court of Inquiry and therein his statement was recorded and admitted that he could not report back on required date due to domestic problems, as his father was admitted in the Hospital for the treatment of diabetes. He also admitted, on questioning by the Court of Inquiry that, permission was required to go abroad. He also declined to cross-examine any witne ss recorded against him. Through the said inquiry it is evident that he was a man of positive attitude towards service, but the act of leaving Pakistan without getting "No Objection Certificate" and informing the higher authority may not be ignored. Being a member of disciplin ed force, he must be disciplined and devoted. On the completion of inquiry , a Charge Sheet >was also issued to him. Through the said document it is evident that he never desired to produce any defence witness in his favour .
5. In support of his contention, the appella nt has referred a judgment dated 20.11.2018, passed by this Tribunal for taking lenient view in favour of the appella nt. The point to be noted that every case is discussed and disposed of, in the light of its own circumstances and facts. In the .present case, admission and confession is on the record.
Moreover , he himself has admitted his guilt so in our view, the respondent-Rangers has rightly and legally dismissed him from service, hence finding no legal infirmity , the instant appeal is hereby dismissed.
6. No order as to costs.