Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 4(b)(iv)

Law: Civil Service Rules

Section: R.7.3

Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)-- ----S. 4(b)(iv)--Civil Service Rules, Punjab (Volume I), R. 7.3--Application for medical leave--Issuance of letter for appearance before medical board--Invalidated category--Show-cause notice--Charge of--Wilful absence--Compulsory retirement--Review petition--Accepted--Reinstation into service--Orders to be treated as leave of kind due--Review petition--Dismissed--After reinstatement of appellant into service, it was unfair on part of Competent Authority to treat period he remained out of service as leave of kind due--No Justification was with Authority to reinstate appellant without back benefits, particularly when Authority himself exonerated appellant from charge against him by observing that he had applied for leave retirement on medical grounds but his request was not properly attended by Health Department--Intervening period of appellant i.e. (09.04.2013 to 23.08.2016) can only be adjusted as period spent on duty because appellant cannot be held responsible for creation of said period as he has been exonerated/ honourably acquitted from departmental proceedings--Impugned orders dated 23.8.2016 and 14.9.2017 do not hold good to effect or treatment of intervening period as leave or kind due--Therefore, instant appeal was accepted. 2013 SCMR 752 & 2015 PLC(CS) 366, ref. THIS JUDGMENT DELIVERED BY: RAO ABDUL JABBAR KHAN, MEMBER-II---.--- Brief facts of the case as gathered from the memorandum of appeal are! That, while working as a Professor of Ophthalmology at the Rawalpindi Medial College, Rawalpindi, the appellant applied for medical leave for one month w.e.f. 13.10.2010 and subsequently for extension in his leave. These applications supported with medical certificates were acknowledged by the Punjab Health Department vide its Letter No. SO(AMI) 1-12/99-P, dated 1.12.2010 and the appellant was required to appear before the Medical Board to revalidate his Medical certificates. The appellant appeared before the Medical Board and he was invalidated in Category-C till 09.04.2013. Thereafter, on expiry of the invalidation period, the appellant was proceeded against under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492