Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)- -- S. 16-Penalty order of compulsory retirement set aside by appel­late authority - Treatment during intervening period - Appellate authority passing order treating such period as leave of due-Deter­mination of such period, held, within competence of appellate authority, order, held, not exceptionable. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- .-- Rr. 8 & 15-Official charged for wilful absence - Penalty of compulsory retirement from service-Appellate authority coming to conclusion that charge not established - Logical conclusion, in circumstances, held, would be that accused be fully. Exonerated-Imposition of minor penalty of stoppage of three increments by appellate authority, in circumstances, held, not justified-Punjab Service Tribunals Act (IX of 1974), S. 4. Tariq Qazi for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Nasim Ahmad Khan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order of the respondent No. 2 dated 12-6-1980, to the extent, to which the appellant was ordered to be treated on leave due to him from 28-9-1977 to 22-6-1980 and stoppage of three increments with cumu­lative effect. He has impleaded Director-General, Local Government and Rural Development, Government of the Punjab and Secretary to Government of the Punjab, Local Government and Rural Development Depart­ment, Lahore, as respondents. 2. By virtue of this appeal it has been prayed that order of the Secretary, L.G. & R.D. Department's order, dated 29-5-1980, to the extent, it has stopped the three increments of the appellant with cumulative effect and treatment of his period of absence since his retirement to the date of his re-instatement to service as leave due to him, be set aside. 3. Brief facts of the case are as under: That during the first week of October, 1977, when the appellant was working as Development Officer, P.W.P., Bahawalnagar he fell seriously ill. He was treated by M. S. District Headquarter Hospital, Bahawalnagar initially who advised him to get Specialist treatment at B. V.…

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