MUHAMMAD ASHRAF vs EXECUTIVE ENGINEER, UPPER GUGERA DIVISION, SHEIKHUPURAand others

This matter arises from a petition for leave to appeal filed against the judgment of the Punjab Service Tribunal, which had dismissed the petitioner's appeal against his removal from service. The petitioner, serving as a canal patwari, remained absent from duty without leave for over a year, prompting disciplinary proceedings for misconduct. After attempts to serve him via registered mail failed, notices were published in two Urdu newspapers, to which he did not respond, leading to his removal by the departmental authorities and the subsequent dismissal of his departmental and service tribunal appeals. The core legal question was whether the removal from service due to prolonged unauthorized absence and substituted service was justified. The Supreme Court held that the departmental authorities were fully justified in removing the petitioner given his unexplained absence for over a year, finding no legal infirmity in the removal order. The key principle laid down is that prolonged unauthorized absence constitutes misconduct warranting removal from service, and substituted service through newspapers is valid when personal service cannot be effected due to the employee's default.