Case Details

Citation(s)
1983 SLG 1537 1983 SLD 1537 1983 PLC 451
Service Tribunal, Punjab
Case No. 681/1610 of 1981, decided on 14th November, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN

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ABDUS SATTAR IJAZ

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB COMMUNICATION AND WORKS DEPTT. AND ANOTHER

Law:

Section:

Civil service- -Wilful absence-Termination of service for-Official applying for extension of leave on basis of medical certificate from private medical practitioner-Failing to appear before Medical Superintendent of Government Hospital despite directions of competent authority­-Conduct of official reflecting that he was not genuinely ill and was avoiding duty and malingering-Served notices at home address and ultimately through Press-Absence continued-Termination of service 9 in circumstances, held, not exceptionable and interference refused by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4. Mohammad Basit Babar Chughtai fox Appellant. Haroon-ur-Rashid Cheema District Attorney for Respondent. JUDGMENT Abdus Sattar Ijaz has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Secretary to Government of the Punjab, Communication and Works Department and Superintending Engineer, Provincial Buildings Circle, Bahawalpur, as respondents. 2. By virtue of this appeal he has prayed that the impugned order dated 23-8-79 be set aside as being without legal effect and he may be re-instated in service. 3. Brief facts of the case are that the appellant who was working as Steno Typist in Quaid-i-Azam Medical College Construction Division, Bahawal­pur, was granted casual leave from 31-3-79 to 4-4-1979 due to his sickness. The appellant remained under treatment in B.V. Hospital, Bahawalpur as indoor patient and discharged on 19-4-79 and continued treatment as out­door patient. However, there was a controversy whether the appellant could continue on leave on the strength of certificates of private Medical Practitioners or not. He had been applying for extension of leave from 25-4-79 to 30-5-79, 31-5-79 to 30-6-79, 1-7-79 to 31-7-79 and 1-8-79 to 15-9-1979, in a piecemeal manner supported by medical certificates of private medical practitioners. The Department refused to accept these medical certificates and directed him to appear before the Medical Superintedent, B. V. Hospital, Bahawalpur vide orders dated 6-5-79, 4-6-79 and 12-6-79, but he failed to do so. He was served with show-cause notice through Press on…
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