Law:

Section:

Civil service- --Dismissal for misconduct-Judicial enquiry - Whether can be relied-Medical Officer of Jail refusing to attend a convict in serious condition on excuse that having not been provided residential accommodation of his status at Jail premises was residing at a distance of 5/6 miles-Refusing to participate in departmental enquiry on plea that he had no confidence in Enquiry Officer ­Circumstances indicating that accused could either use his own scooter or could have hired any other mechanical transport and reached Jail to attend seriously suffering convict-Rules of Jail debarring Superintendent of Jail to shift such convict to any hospital without certificate of Medical Officer- Convict expiring before getting any medical care or treatment-Perusal of Enquiry report indicating that Enquiry Officer was not inimical to accused and accused had no justification to keep away from proceedings­-Besides departmental enquiry matter subjected to Judicial Enquiry by a Magistrate and report thereof indicating that personal comforts were more dear to accused than human life and it was due to his insubordination and hatred for his officers that deceased remained unattended for five long hours-Suggestion of bias against such Magistrate-Verdict of Magistrate, in circumstances, held, to be taken with a pinch of salt and reliance could safely be placed upon it Tribunal refusing to interfere and dismissing appeal ­Punjab Service Tribunals Act (IX of 1974), S. 4. Riaz Anwar for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Dr. Capt. Munawar Tahir Hussain has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through Secretary, Health Department, Civil Secretariat, Lahore and Agha Muhammad Ali, Superintendent Jail, Mianwali (former Superintendent New Central Jail. Multan) as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 21st April, 1984, be set aside and he be re-instated in service with all back benefits. 3. Brief facts of the case are as under That the appellant while working as Medical Officer…

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