Law:

Section:

Punjab Service Tribunals Act (1X of 1974)- -- S. 4-Disciplinary action-Removal from service for miscon­duct-Appellant requesting for leave on illness grounds-Officer incharge writing on application for submission of certificate from authorised medical attendant-Appellant leaving application in office room of officer incharge and leaving headquarter - Medical certificate not produced despite absence of five months-No proof that appellant was so ill as to be unable to move about and appear before authorised medical officer-Appellant admitting his absence and subsequently taking different stand that he was performing duty-Penalty of removal from service, in circumstances, held, not exceptionable and Tribunal declining to interfere. Ch. Abdul Hakeem for Appellant. A. G. Humayun District Attorney for Respondents. JUDGMENT Muhammad Murtaza has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Com­missioner, Multan Division, Multan, and the Deputy Commissioner, Multan, as respondents. 2. By virtue of this appeal he has prayed that impugned orders, dated 24th January, 1983 as well as 8th January, 1984 passed by the respondents be set aside and he may be reinstated in service with full back benefits. 3. Brief facts of the case are that on 9th April, 1982, the appellant submitted an application to Naib-Tehsildar (Recovery) Lodhran of his Office Incharge for grant of leave from 10th April, 1982 to 12th April, 1982 on medical grounds. His Officer Incharge wrote an order on the application directing him to furnish a medical certificate from the authorised medical attendant as laid down in rule 35(3) of the Revised Leave Rules, 1981. Instead of furnishing the medical certificate, he left the said application in the office room of his Officer Incharge and left the Headquarter on the same day without even obtaining station leave. The Officer Incharge of the appellant sent a report through the Assistant Commissioner, Lodhran that he was absent since 9th April, 1982 and subsequently the Assistant Commissioner, Lodhran on 1st July, 1982 informed the office of respondent No. 2 that had not joined his duty. Thereafter,…

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