| Citation(s) |
|---|
| 1985 SLG 2248 1985 SLD 2248 1985 PLC 928 |
Service Tribunal, Sindh
Appeal No. 73 of 1984, decided on 24th April, 1985.
MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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Appeal No. 73 of 1984, decided on 24th April, 1985.
MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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DR. BASHIR AHMED
VS
SECRETARY TO GOVERNMENT OF SIND, HEALTH DEPARTMENT AND ANOTHER
Law:
Section:
Sind Revised Leave Rules, 1979- -- R. 13-Sind Service Tribunals Act (XV of 1973), S. 4 - Leave on medical grounds - Cannot be refused Competent authority may secure second medical opinion by referring civil servant concerned to Civil Surgeon/Medical Board Appellant applying leave on medical grounds supported by certificate from Professor, Dow Medical College and then proceeding to his native village on advice of same medical authority wherefrom sending further application supported by Private Medical Practitioner-Medical certificates never contested by competent authority and appellant never directed to appear before Medical Board Disciplinary proceedings initiated on grounds of failure to resume duty in response to letter to that- effect-Penalty of withholding of two increments with cumulative effect imposed treating period of absence as leave extraordinary without pay-Contention that appellant could be-regarded to be insubordinate civil servant not amenable to discipline and ethics of Service because he persisted in continuing to thwart assertions of Department to resume duty Contention repelled-Appropriate course for competent authority in the event of any doubt about genuineness car otherwise of medical certificate, in circumstances, held, was to have directed appellant to appear before Medical Board-Impugned penalty order, in circumstances, held, not validly and lawfully passed hence set aside by Tribunal and period involved treated as leave of kind due. 1984 P L C 739 and 1983 P L C 782 rel. Arbab Khan Ghoto for Appellant. A.A. Mohommadally, A.A.-G. for the State. Date of hearing : 20th April, 1985. JUDGMENT MUHAMMAD IBRAHIM LAKHIAR (MEMBER).-This appeal is directed against the order, passed by Secretary, Health Department, Government of Sind, withholding two annual increments with cumulative effect of the appellant Dr. Bashir Ahmad Ghoto, Medical Officer, Taluka Hospital, Ghotki. After exhausting the remedies, available to him departmentally, the appellant has preferred this appeal under section 4 of the Sind Service Tribunals Act, 1973 praying for restoration of increments and payment of salary for the period, he remained absent from the duties.…
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