Law:

Section:

Punjab Revised Leave Rules, 1978- ----R. 3 (iv)-Leave applied for on medical - certificate-Cannot be refused - Sanctioning authority ;bound either to sanction leave or refer for second medical opinion to Civil Surgeon or Medical Board - Leave applied for on medical certificate - Not sanctioned on grounds that official was seen roaming in office in quite healthy condition and also secret information contradicted his sickness - Dismissed for alleged misconduct of wilful absence after show-cause notice - Competent authority, in circumstances, held, without holding proper inquiry by examining hospital record, Medical Officer by whom certificate issued and person giving adverse information could not hold official not actually sick and guilty of wilful absence-Impugned dismissal order set aside by Service Tribunal and intervening period treated as leave extraordinary without pay-Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, r. 6 (3) and Punjab Service Tribunals Act (IX of 1974), S. 4. Masud Ahmed Riaz for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-Muhammad Shafique, ex-­Additional Patwari, office of the Assistant Commissioner (Saddar) Collector, Lahore has filed this appeal under section 4 of the Punjab. Service Tribunal Act, 1974 in which he has impleaded the Assistant Com­missioner (Saddar)/Collector and the Commissioner, Lahore Division, Lahore as respondents. By virtue of this appeal he has prayed that the impugned orders dated 13-9-1981 anti .2Q-3-1982 passed by the respondents Nos. 1 and 2 respectively be set aside and he be re-instated in service with all back benefits. 2. Brief facts of the case are that while the appellant was working as Additional Patwari in the office of the Assistant Commissioner (Saddar), Lahore, he was served with a show-cause notice under rule 6 (3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 to show cause as to why one of the major penalty including dismissal from service be not imposed upon him on the allegations of misconduct. The allegations con­tained in the show-cause notice are re-produced hereunder for the sake of…

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