Law:

Section:

Civil Service-- --- Leave--On medical grounds--Cannot be refused--Appellant proceeding on sanctioned leave and not joining on expiry--Sending application for extension of leave on grounds of illness duly supported by certificate of Medical Superintendent, District Headquarter Hospital describing disease and advising rest--Competent authority instead of sanctioning leave treating same as without. pay and imposing penalty of censure on plea that appellant had broken a gentleman's promise and request for extension was not genuine--Competent authority, in circumstances, held, could not refuse leave and could at the most direct appellant to appear before Medical Board--Impugned order set aside by Service Tribunal and period involved treated as medical leave on full pay--Punjab Service Tribunals Act (IX of 1974), S.4. Haji Muahtaq Ahmad Aqil for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Qadir Bakhsh Bhatti has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Chief Engineer, Irrigation Multan Zone, Multan and Superintending Engineer, Headquarters, Irrigation Multan Zone, Multan, as respondents. 2. By virtue of this appeal he has prayed that the impugned order dated 10-4-1984, be set aside and appeal accepted. 3. Brief facts of the case are that the appellant applied for four months' leave w.e.f. 16-6-1983 to 13-10-1983, which was duly sanctioned by the Department. However, after the expiry of leave he fell ill and submitted Medical Certificate given by Medical Superintendent District Headquarters Hospital, Faisalabad, in which he was advised bed rest because he was suffering with Lambago pain. This was not considered a genuine request by the Superintending Engineer, Headquarters Irrigation, Multan Zone, Multan, who was of the opinion that in this manner the appellant had violated certain mendatory provisions of rules and had also broken a gentleman's promise. He imposed upon him penalty of censure as well as treated the medical leave as extraordinary leave without pay. The appellant filed an appeal before the Chief Engineer, Irrigation as he has received no reply and after waiting for…

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