' This is an appeal against dismissal from service with effect from 12-5-2000 vide order dated 22-11- 2000 of Deputy Commissioner Bahawalpur as Authority and rejection of departmental appeal by Executive District Officer (Revenue). Bahawalpur on 15-8-2002.
2 . Brief facts of the appeal is that appellant got casual leave from 9-5-2000 to 11-5-2000 and proceeded to Karachi for condolence of his relatives. He did not turn back and keep on sending medical certificates till 18-12-2000. Charge-sheet was issued on 11-8-2000, he was proceeded against and impugned order was passed.
3. Arguments have been heard and record perused. During the arguments learned District Attorney and departmental representative argued that charge-sheet was issued to him on 11-8-2000 vide registered letter No,1413 but this letter was not delivered to him for lack of complete address.
Similarly notices were served at his home at Bahawalpur which were not received by inmates of the house on the pretext that he was at Karachi. No efforts were made to get his correct address at Karachi and no other ways were adopted to serve upon him charge-sheet and notices. In the absence of service upon him ex parte proceedings carried against him are not maintainable.
Furthermore the medical certificates tendered by the appellant requesting leave were not challenged; his leave case was not decided. It was proceeded ex parte and was awarded punishment.
4. For the reason given above I accept the appeal and impugned orders are set aside and absence period from service is allowed as leave kind due. Appellant is reinstated in service. Parties are left to bear their own costs. Announced.