Case Details

Citation(s)
1981 SLG 3127 = 1981 SLD 3127 = 1981 PLC 281
Service Tribunal Punjab
Appeal No. 54 of 1980, decided on 13th November, 1980.
Presented By: S. Abdul Jabbar Khan, Chairman and One Member
M. A. Riaz for Appellant. H. R. Cheema, Government Pleader for
Respondent.

MUBARIK AHMED

VERSUS

SUPERINTENDENT OF POLICE, JHELUM

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Service Tribunals Act (IX of 1974) S. 4-Disciplinary action-Charge--Absence from duty-Application with medical. certificate from Doctor of Government Hospital sub mitted-Leave neither sanctioned nor matter referred to Medical Autho rity for second opinion-Dismissal order consequential to such charge, in circumstances, set aside and official, held, entitled to leave on medical grounds during period of absence.                                                                                                                                                            ORDER S. ABDUL JABBAR KHAN (CHAIRMAN).-The appellant is aggrieved by the order of S. P., Jhelum dated 22-11-1978 dismissing him from service on account of unauthorised absence from duty. He is also aggrieved by the orders of D. I. G., Police, Rawalpindi, dated 28-3-1979 and the order dated 31-12-1979 passed by the I. G., Police Punjab rejecting his appeal respectively, 2. Briefly the facts so far as relevant and material to this appeal are that in the year 1977 the appellant was posted as Jhelum vide order dated 12-11-1977. He was transferred to Special Branch Rawalpindi and was relieved of his duties on 23-11-1977. However, instead of taking over his new assignment in Rawalpindi he applied for leave on the basis of certificate issued by the Medical Officer, Mayo Hospital Lahore, dated 26-11-1977. In the certificate received from the appellant, the appellant was shown to be suffering from ulcer -and the M. O. advised complete bed rest for a period of one month. The appellant applied for leave and he remained off duty till 8-8-1978. His leave was not sanctioned but instead he was called upon to show-cause notice on 8-5-1978 by the S. P. In the notice the appellant was required to show cause as to why major penalty…
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