SAAD SAOOD JAN, J.---The respondent was serving as Information Officer in the Water and Power Development Authority. He applied for three months leave in December, 1980. It expired on 28-3- 1981. Nevertheless, he did not report back on duty with the result that he was charge-sheeted for willful absence with effect from 29-3-1981 and was dismissed from service by an order dated 25-7- 1981. He filed an appeal before the Federal Service Tribunal. It was accepted solely on the ground that the charge-sheet was sent for publication in the press on 27-7-1981 whereas the order of dismissal was made on 25-7-1981. The Authority seeks leave to appeal from the order of the learned Tribunal.
2. 1n support of this petition it is contended that before the order of dismissal was passed, many efforts were made to serve the charge-sheet upon the respondent but without any success. One was even sent by registered post, acknowledgement due, on the address supplied by the respondent himself to the office. This was received by one Abdul Majid on his behalf. The respondent did not care to attend the office after the expiry of his leave and before the order of dismissal was passed. In the circumstances, the learned Tribunal erred in setting aside the order of dismissal solely on the ground that the charge-sheet was sent to the press after the order of dismissal had been made. In any case there was no requirement of law that the charge-sheet would become effective only when it had been published in a newspaper.
3. The contention raised on behalf of the Authority needs examination. Leave to appeal is granted.
The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within 3 months.