' S. NASIM HAIDER (MEMBER).---The appellant has preferred this appeal against the order dated 20th May, 1993 whereby the Superintendent of Police, Jacobabad had awarded to him the major penalty of removal from service. His departmental appeal was rejected by the D.I.-G., Larkana on 21st April, 1994, hence this appeal.
2. We have heard the arguments of Mr. Abdul Sattar Mughal for the appellant and Mr. Abdul Ghani Sheikh, A.A.-G. At length and also perused the record of the case. The Tribunal allowed the appeal partly and ordered conversion of the penalty of removal from service into that of compulsory retirement by a brief order, dated 22nd March, 1995 at Sukkur for the reason to be recorded later on, as followed, hereinafter.
3. The brief facts of the case are that the appellant joined Sindh Police as Constable in the year 1968. He was issued a show-cause notice, dated 16th November, 1993 wherein it was alleged that he remained absent unauthorized for a period of 66 days i,e, from 27-9-1992 to 8-11-1992 (39 days) and from 8-11-1992 to 9-12-1992 (27 days) with a brief joining on 8th November, 1992. In 'reply to the said show-cause notice he accepted the charge but pleaded sickness of his mother as reason for his absence. Notwithstanding the said reason of the absence the appellant, being a member of uniformed service he was expected to abide by the prescribed procedure for the grant of leave, prior intimation and sanction thereof by the competent Authority. The learned counsel for the appellant frankly conceded that the appellant prima facie has no case and did not press the appeal on merits. He, however, pleaded that in view of his long service of more than 25 years the penalty of removal from service was rather harsh and as a result thereof, the appellant had forfeited all the service benefits, earned during his long service of 25 years. The learned A.A.-G. Also did not seriously oppose this proposition of the learned counsel for the appellant.
4. Considering the long service of the appellant for more than 25 years we felt that the major penalty of removal from service is rather harsh and accordingly ordered that the same may be converted into compulsory retirement from service, allowed the appeal partly, subject to the said notification, with no orders as to cost.
5. Given under our hands and the Seal of this Tribunal this 30th day of March, 1995.