| Citation(s) |
|---|
| 1984 SLG 1791 1984 SLD 1791 1984 PLC 1268 |
Service Tribunal, Punjab
Case No. 404/1413 of 1981, decided on 30th May, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 404/1413 of 1981, decided on 30th May, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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MUHAMMAD HANIF
VS
DISTRICT HEALTH OFFICER, RAHIMYAR KHAN AND ANOTHER
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Jurisdiction of Tribunal - Cannot interfere with working of Department and internal administrative matters - Appellant absenting from duty for more than two years and on return competent authority ordering period of absence to be treated as leave without pay and to be considered as new entrant in service on appellant's refusal to accept such order and claiming pay for period of absence also competent authority reinstating him in service and reserving its right to initiate disciplinary proceedings on charge of unauthorised absence Plea before Tribunal that competent authority having once treated period of absence as leave without pay could not review its order hence could not take disciplinary action on that ground - Appellant having himself refused to accept such order plea of appellant, in circumstances, rejected-Tribunal, held, would not be justified to interfere in internal administrative matters and in an action apparently seemed to have been taken on valid grounds-Tribunal further, held, could not forbid competent authority from taking disciplinary action against appellant-Appellant, held, could ventilate his grievance when final order passed against him. Ch. Imtiaz Ahmad for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). - Muhammad Hanif has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order, dated 13th April, 1981 and 18th April, 1981 of the District Health Officer, Rahimyar Khan, who has been cited as respondent in this case. 2. By virtue of this appeal the appellant has prayed that he may be re-instated in service and the arrears of the pay together with allowances from 25th September, 1977 upto date be paid to him. 3. Brief facts of the case are that the appellant absented himself from duty w.e.f. 25th September, 1977 to 17th February, 1981. However, on his return he was posted against an existing vacancy of Mobile Dispensary, Rahimyar Khan and his absence of four years was treated as leave without pay. The District Health Officer also observed in his order, dated 18th February, 1981 that he…
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