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ZAFAR IQBAL versus SUPERINTENDENT OF POLICE, BAHAWALPUR


Punjab Service Tribunals Act 1974 Section 4 Dispensary Action Police Constable Explanation Of Absence Of 17 Days 9 Hours Without Permission On Various Dates Not Applicable That Appeal To Trial Tribunal Before Sentencing Term, In Extreme, Limitation I was excluded

1985 P L C (C. S.) 791

[Service Tribunal Punjab]

Present : S. Abdul Jabbar Khan, Chairman

ZAFAR IQBAL

versus

SUPERINTENDENT OF POLICE, BAHAWALPUR

Case No. 589 of 1984, decided on 16th February, 1985.

Punjab Service Tribunals Act (IX of 1974)‑

‑‑S. 4‑Disciplinary action‑Police constable absenting without per mission on different dates for a total period of 17 days and 9 hours- Explanation not found satisfactory‑Penalty of removal from service imposed‑Appeal before tribunal not prosecuted‑Appeal, in circumstances, dismissed in limine

A. G. Humayun, District Attorney for Respondent.

ORDER

Zafar Iqbal ex‑Constable has filed this appeal in vernacular under section 4 of the Punjab Service Tribunal Act, 1974, with the prayer that the impugned order of his dismissal be set aside and he may be reinstated in service.

2. The case was called for a number of times till the rising of the Court but neither the appellant nor his counsel made their appearance on 16th February, 1985, at Bahawalpur Circuit.

3. Brief facts of the case are that the appellant while posted at Police Lines, Bahawalpur, absented himself from duty without obtaining any lawful authority or permission from the competent authority on the following dates :‑

31‑1‑1977 at 18.15 to 1‑2‑1977.

27‑2‑1977 at 8.30 to 28‑2‑1977.

12‑4‑1977 to 24‑4‑1977.

21‑5‑1977 to 22‑5‑1977.

The total period of his absence comes to 17 days and 9 hours. A show‑cause notice was issued to him. He was heard in person in the Orderly Room. He claimed himself to be a Middle Passed but according to the service record his educational qualification was found only upto 7th class. He deposed that he was never posted to any Police Station during his service but it was found incorrect. According to the Police Record he was posted at .a Police Station during the year 1976. His written explanation was also found unsatisfactory, therefore, he was dismissed from service. However, his dismissal was converted into removal by the D. I. G. Police Bahawalpur‑

4. In view of the above state of affairs I do not find any merit in his favour. Furthermore he has absented himself and has failed to prosecute his case. The appeal is, therefore, dismissed as hopelessly time barred, in limine.

A. E

Appeal dismissed.

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