The petitioner not being on foreign service his service conditions are controlled by Rule-18. Admittedly the petitioner was absent from service for more than 11 years and Rule-18 provides that a Government servant ceases to be a Government employee after 5 years continuous absence from duty, from the words employed in Rule 18 of the
fundamental Rules it seems to us that for taking action as has been taken in the instant case no prior, show cause necessary as Rule-18 taken effect automatically on expiry of 5years continuous absence from service by a Government employee, other than those who are on deputation on foreign service.
Sarder Borhan Uddin Vs. Govt. of Bangladesh & Ors 8 BLT(AD)-40.