1. ' USMAN ALI SHAH, J.--This petition for leave to appeal has been filed by Obeidullah Khan petitioner against the judgment of the N.-W.F.P. Service Tribunal Camp at D.I. Khan dated 29-8-1988, whereby his appeal against the order of the respondent No,2 dated 15-1-1987 with which the petitioner was held to have ceased as Government Employee with effect from 1-7-1982, was dismissed.
2. ' The petitioner joind the office of the Director General of Agricultural Research Institute Tarnab, Peshawar as junior clerk on 10-1-1964 and was confirmed as such on 1-6-1976, thereafter, was promoted as Assistant. On his application he was granted 4 months leave w,e,f. 1-6-1977 vide order dated 6-6-1977 of the respondent No,2. During the course of leave after one month the petitioner applied to respondent No,2 to cancel his remaining period of leave and grant him two years leave without pay w,e,f. 1-7-1977 to 30-6-1979 with permission to get employment in South Waziristan Tanneries, Jandola. The said leave was sanctioned by respondent No,2 vide his Letter No,10312- 14/3/50/E/ DAR dated 24-7-1977. Leave without pay was further extended upto 30-6-1982 by the respondent No,2. The General Manager of the abovementioned Tanneries wrote a letter to respondent No,2 to convert the entire leave period without pay of the petitioner into deputation and the said period may be further extended upto 30-6-1984, either into deputation or leave.
3. Respondent No,2 vide his Letter No,10360/Estt/DGA dated 14-7-1982, asked the petitioner to adjust himself in his new department. The G.M. Tanneries further asked respondent No,2 to settle the case of the petitioner in the light of the letter dated 23-9-1982. The petitioner then applied for further extension upto 30-6-1987 which was refused by the respondent No,2 vide his Letter No,10739/3/50/Estt/DGA dated 23-7-1984.
4. ' The South Waziristan Tanneries was wound up on 30-12-1985 and the petitioner made an application to the Secretary Government of N.-W.F.P. On 18-6-1986 to allow him to join his parent department. He also submitted his arrival report to respondent No,2 on 30-8-1986. He was informed vide letter dated 15-1-1987 that he failed to report to his duty in the Agricultural Department after the expiry of 5 years 1 month's leave, he ceased to be a Government employee under the provisions of F.R.
18. He then made an appeal to the Secretary but did not get reply and after the expiry of 90 days he filed appeal in the N.-W.F.P. Service Tribunal. The learned Chairman and Member of the Tribunal vide their judgment dated 29-8-1988 dismissed the appeal of the petitioner.
5. ' The learned counsel for the petitioner contended that the respondent No,2 declared the petitioner vide his letter No:356/DR, dated 15-1-1987, ceased to be a Government employee as per provision of F.R. 18, merely on the charge of absence from duty. Whereas the respondent No,2 has neither informed the petitioner to report to his parent department for duty nor any show-cause notice was served on or disciplinary proceedings initiated against the petitioner, under the N.-W.F.P.
6. Government Servants (Efficiency and Discipline) Rules, 1973. The petitioner was initially given permission to proceed on two years leave without pay and thereafter further extensions were given to him by the respondent No,2 on his valid and through proper channel applications. The learned Service Tribunal did not consider this aspect of the case and dismissed the appeal of the petitioner which is contrary to the record and based on misconstruction of the relevant provisions of law.
7. ' After hearing the learned counsel we are of the view that the contentions raised by him in support of this petition require examination. Leave to appeal is granted. Appeal is to be made ready on the present record with permission to the parties to file further documents, if any and to be put up for hearing at an early date.