Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Punishment due to misconduct-Quantum of punishment-­Accused proceeding on sanctioned leave on basis of medical certifi­cates-Absenting without information after expiry of leave-Not responding to notices and directives to appear before specified Medical authority-Imposed penalty of dismissal after inquiry on established charge of wilful absence-Record on examination by Service Tribunal indicating that accused remained under treatment at District Headquarter Hospital and also with private medical practitioner and genuine sickness established by certificates of doctors-Good service record of about 19 years-Impugned penalty of dismissal, in circumstances, held, not commensurate with blemish on part of accused in failing to inform competent authority about his sickness-Penalty of dismissal, in circumstances, altered to that of censure and stoppage of one year increment without future effect and intervening period or re-instatement to be treated as leave of kind due -. Quantum of punishment -Punjab Civil Servants (Efficiency and Discipline) Rules, 1973. Mien Anwar Ali for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHOUDHRY (MEMBER).-Muhammad Akhtar, ex­-Junior Clerk, Deputy Commissioners Office, Faisalabad has made this appeal to the Punjab Service Tribunal wherein he has impleaded the Deputy Commissioner, Faisalabad and the Commissioner, Sargodha Division, Smmrgodha as respondents. 2. By virtue of this appeal the appellant has prayed that the order of the Deputy Commissioner, Faislabad, dated 18-8-1981 and order of the Commissioner, Sargodha Division, Sargodha dated 19-1-1982 be set aside and the appellant be re-instated in service from the date of his dismissal. 3. Brief facts of the case are that the appellant, Muhammad Akhtar, was posted as Junior Clerk in the office of Deputy Commissioner, Faisalabad. On the recommendation of the Medical Superintendent, the appellant was granted 15 days leave on medical grounds from 15-8-1978 to 29-8-1978. He was, further, granted medical leave from 30-8-1978 to 18-9-1978 and then from 29-9-1978 to 28-10-1978. After that there was…

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