Case Details

Citation(s)
1986 SLG 2230 1986 SLD 2230 1986 PLC 685
Service Tribunal, Punjab
Case No. 580/531 of 1983.
ABDUL HAMID CHAUDHRY, MEMBER

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ZAHID BEG

VS

THE MEDICAL SUPERINTENDENT MAYO HOSPITAL, LAHORE and others

Law:

Section:

(a) Punjab Civil Service (Efficiency and Discipline) Rules, 1975-- ---R.6(3)--Letter No. S.O.(Admn.III)1.113.82, dated 23rd April, 1983--Employee sent abroad on deputation for specified time--Such employee overstaying beyond specified time--Employee not called back by Department after expiry of specified time as per terms of deputation-­Omission in calling back employee to join duty in his parent Department, held, would imply extension of period of deputation by tacit approval much Department. (b) Punjab Service Tribunals Act (IX of 1974)----- ---S. 4--Punjab Civil Service (Efficiency and Discipline) Rules, 1975, R.6 (3)--Appellate jurisdiction, exercise of--Removal from service-­Deputationist overstaying after expiry of specified period--Omission of Department not requiring deputationist to join parent Department, held, would not justify removal of such employee from service--Punishment of removal being harsh was set aside by Service Tribunal in appellate jurisdiction--Appellant was directed to be re-instated in service. Sardar Ali Chaudhary for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Zahid Beg, ex-Physiotherapy Aid, Mayo Hospital, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded the Medical Superintendent, Mayo Hospital, Lahore and the Deputy Medical Superintendent, Mayo Hospital, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned order, dated 2-8-1983 passed, by the Deputy Medical Superintendent, Mayo Hospital, Lahore, respondent No. 2 and the order, dated 22-10-1983 passed by the Medical Superintendent, Mayo Hospital, Lahore, respondent No.l be set aside. It has also been prayed by the appellant that he be declared to be continuous in service with all the back benefits of service/ remuneration, etc. 3. Brief facts of the case are that the appellant was appointed as Physiotherapy Aid w.e.f. 4-4-1964 and was so appointed in the Mayo Hospital, Lahore from the order date. The appellant served as such in the Mayo Hospital. Lahore. The appellant was sent on deputation to the Government of Libya for a period of two years in the…
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