Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973----Rr. 4(1)(b) & 5---Service Tribunals Act (LXX of 1973), S. 4---Compulsory retirement from service---Wilful absence from duty and production of forged medical certificates by appellant about his illness---Dismissal of appeal by Service Tribunal---Validity---Supreme Court declined to interfere in finding of fact on question of wilful absence from duty arrived at by competent authority and concurred by Service Tribunal---Appellant had specifically asserted in memo. of appeal before Service Tribunal that he had tendered five medical certificates about his illness issued by Medical Officers of Government Hospitals and duly countersigned by Medical Superintendent, which were never examined or inquired into---Service Tribunal had not adverted to such ground of appellant---Supreme Court partly accepted appeal to the extent of findings with regard to tendering of bogus medical certificates and directed Authority to release all dues of appellant within specified time. Mian Jaffer Hussain, Advocate Supreme Court for Petitioner. Ch. M. Sharif, Advocate Supreme Court, C.M. Latif, Advocate-on-Record and Abdur Rehman, Dy Director WAPDA, Lahore for Respondents. Date of hearing: 27th May, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner while serving as Research Officer, Dams Safety Organization WAPDA was proceeded against on charges of wilful absence from duty and presenting forged; medical certificate. The inquiry led to imposition of major penalty of compulsory retirement with effect from 13-4-2004. The appeal before the Service Tribunal stands dismissed vide the impugned judgment. 2. Learned counsel for the petitioner submits that the petitioner was awarded major penalty without regular inquiry; that although the medical board constituted on 26-9-2003 did not find the petitioner to be suffering from any significant illness but his absence from duty was of an earlier date when he was sick; that petitioner has placed on record the medical certificate of the concerned Hospital to show that he remained under treatment in the said Hospital and that the Medical Superintendent, Allama Iqbal Memorial Hospital,…

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