S. ABDUL JABBAR KHAN (CHAIRMAN).-----Malik Muhammad Ashraf, ex-Naib-Tehsildar, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through the Secretary to Government Revenue/Board of Revenue, Punjab, Lahore and the Commissioner, Rawalpindi Division, Rawalpindi as respondents.
2. By virtue of this appeal he has prayed that the impugned orders, dated 5-1-1983 and 15-10-1985, passed by the respondents be set aside and he be reinstated in service with all back benefits.
3. Brief facts of the case are as under:---- That the appellant took over as Naib-Tehsildar, WAPDA at Mangla on deputation on 24-11-1981. After serving only a fortnight he proceeded on two days casual leave on 5-12-1981. Instead of resuming duty on 8-12-1981, he continued applying for extension of leave piecemeal in the name of illness.
The last extension he made for leave was upto 3-6-1982, after which he neither resumed duty nor did he apply for extension of leave. The Chief Engineer, WAPDA, proceeded against him on the charge of wilful absence from duty w.e.f. 4-6-1982. He was charged-sheeted and placed under suspension vide order, dated 15-10-1982. Mr. Muhammad Ashraf Bhatti, Additional Commissioner (Cons.), Rawalpindi Division, was appointed as Enquiry Officer under the rules. The Enquiry Officer tried to serve him at I-Pleader Lane of Attock City, at his given address on leave application. The service, however, could not be secured as the appellant was stated to be in Rawalpindi. Despite Enquiry Officer's best efforts to secure him first at Attock city address and later in Rawalpindi according to the information provided by the contact at Attock city who was his uncle as well as father-in-law, the appellant could not be served at his known whereabouts. The Enquiry Officer, issued notice in the Daily Jang of 4-11-1982, whereby he was called upon to appear before him and answer the charges. He did not. Turn up. The Enquiry Officer proceeded against him ex parte. A final show-cause notice for dismissal was issued to him on 11-12-1982, under the Efficiency and Discipline Rules, 1975. This was received by him on 20-12-1982 and submitted his reply on 26-12-1982, with the request that he be given an opportunity of being heard. The case was fixed for 5-1-1983. The appellant appeared in person and was heard by the learned Commissioner. After taking into consideration the pleas raised by the appellant, the Commissioner was of the opinion that he was guilty of wilful absence as well as earlier record discloses that he had a reputation of dishonesty and corruption as well as arrogant, insubordinate and indulges ire party politics. In view of the said circumstances, the learned Commissioner was pleased to remove him from service by order, dated 5-1-1983. He filed appeal before the learned Member, Board of Revenue, Punjab, who vide his order, dated 15-10-1985, upheld the judgment of the learned Commissioner and dismissed the appeal both on merits as well as holding it as time-barred.
3. We have given our anxious thought to the arguments advanced by the learned counsel for the appellant at this stage of preliminary hearing and have carefully perused the orders passed by the learned Commissioner as well as learned Member (Rev.), Board of Revenue, Punjab, Lahore and find that the appellant despite all efforts of the Enquiry Officer failed to appear before him. We further find that the appellant himself admitted before the Commissioner, Rawalpindi Division, Rawalpindi that Chief Engineer, Mangla vide letter, dated 6-6-1982, had allowed him to report for duty by 12-6-1982, alongwith medical certificate countersigned by Medical Superintendent, District Headquarters Hospital, Rawalpindi for the periods from 11-4-1982 to 24-4-1982, 25-4-1982 to 14-5- 1982 and 15-5-1982 onward, but neither the appellant appeared by the Medical Superintendent nor obtained his countersignatures on the aforesaid certificates. In this manner we are satisfied that the appellant has no defence before the learned Commissioner and the learned Member (Rev.), Board of Revenue, Punjab, was also correct in his finding that the appellant despite his own admission, did not care to obey with the directions so given to him with regard to the production of medical certificates duly countersigned by the Medical Superintendent. We also find that the appellant had checkered record of service and in order to avoid his posting at Mangla, he on the pretext of illness remained absent from duty without an cogent reason.
4. We do not find any justification to interfere with the two detailed and lucid orders of the learned Commissioner as well as learned Member (Rev.), Board of Revenue, Punjab, and dismiss the appeal in limine being time-barred as well as without any merit.