Case Details

Citation(s)
1985 SLG 1975 1985 SLD 1975 1985 PLC 599
Service Tribunal, Punjab
Case No. 566 of 1984, decided on 8th January, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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DR. MUNIR-UDDIN

VS

SECRETARY TO GOVERNMENT OF PUNJAB HEALTH DEPARTMENT

Law:

Section:

Civil service- ---- Leave-Civil servants not entitled to leave as of right-Entirely within discretion of sanctioning authority either to refuse or to sanction leave-Civil, servant remaining away without sanction of leave-Absence to be treated as unauthorised and not entitled to pay for such period-Such wilful absence amounts to misconduct liable to disciplinary action-Doctor proceeding on sanctioned leave not resuming duty on expiry of such leave and applying for extension-Extension refused but despite information and direction failing to join duty-Penalty of removal from service on charge of wilful absence, in circumstances, upheld by Service- Tribunal -Punjab Service Tribunals Act (IX of 1974), S. 4. Malik Muhammad Mushtaq for Appellant. Masood Ahmad Ghuman, Deputy District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Dr. Munir-ud-Din has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against his removal by the Governor of Punjab vide his order, dated 22nd October, 1983. He has impleaded the Punjab Province through the Secretary to Government of Punjab, Health Department, Lahore, as respondent. 2. By virtue of this appeal he has prayed that the impugned order 22nd October; 1983 be set aside and the appellant be re-instated in service. 3. Brief facts of the case are that the appellant was granted 75 days leave from the date of availing. He proceeded on leave on 12th December, 1981. He applied for 65 days extension in leave from 25th February, 1982 to 30th April, 1982. Due to shortage of Doctors his request was not acceded to and he was directed to resume duty but he refused to accept the letter. Instead of joining the duty he again applied for extension of 365 days extraordinary leave upto 1st May, 1983. He was again directed to resume duty by the Medical Superintendent, District Headquarters Hospi­tal, Sahiwal but he failed to comply with the same, in this way he absented himself from duty w. e. f. 25th February, 1982. A show-cause notice was issued to him under rule 6(3) of the Efficiency and Discipline Rules, 1975, to which the appellant filed his reply. However, Governor of the Punjab was pleased to…
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