Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R.4--Request for medical leave--Supported by Medical Certificate--­Forwarded to competent authority by superior officer with recommendation that applicant be first got examined by Medical Superintendent-Leave refused with direction to proceed against applicant for wilful absence-Intimation sent to applicant--Show-cause notice issued for absence without leave--Applicant meanwhile reported on duty with fitness certificate--Charges denied--Enquiry held, and applicant removed from service on ground that he had failed td appear before Medical Superin­tendent--Order impugned before Tribunal--Service of notice upon applicant to appear before Medical Superintendent not established--Held: Illness of applicant was satisfactorily proved--Leave applied on medical ground could not be rejected under rule 3(iv) of Leave Rules, 1978-­Impugned order being illegal and unjustified, set aside and appellant reinstated in service with back benefits. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Taj Ahmad, ex-Junior Clerk, office of the Deputy Commissioner, Muzaffargarh, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Deputy Commissioner, Muzaffargarh, Commissioner, D.G. Khan Division, D.G. Khan and the Secretary to Government of the Punjab, Revenue Department, Lahore as respondents. 2. By virtue of this appeal he has prayed that the impugned orders, dated 17-10-1982 and final order, dated 3-2-1983 be set aside and the appellant be reinstated in service with full benefits of service from the date of suspension/ removal from service. 3. Brief facts of the case are that the appellant joined service in the Office of Deputy Commissioner, Muzaffargarh, in the year 1959. He was confirmed as such on the basis of his satisfactory record of service and good performance. He continued as such till he has been removed from service by final order, dated 3-2-1983. The appellant had developed blood pressure which resulted in hypertension. In view of his ailment he submitted application for two months leave which was duly…

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