Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S.4--Compulsory retirement of civil servant--Validity of--Civil servant's application for leave supported by medical certificate not granted on ground that such certificate was not countersigned by establishment's medical officer--Medical certificate of Heart Specialist produced by civil servant on account of his heart attack, held, should have sufficed not to declare him as absent from duty--Civil servant being known heart patient, such certificate produced by him should have either been got countersigned by establishment's medical officer officially or in the alternative, he should have been examined by such medical office-Compulsory retirement being harsh punishment in view of civil servant's unblemished record of service over years, was set aside by Service Tribunal and he was ordered to be re-instated in service with full benefits. Ikramul Haq for Appellant. Mirza Anwar Baig for PIAC with Raja Muhammad Younus, Law Officer Date of hearing: 13th December, 1987 JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--Mr. M. M. Sadiq, the appellant has come in appeal against his compulsory retirement from service vide impugned order dated 5th June, 1986. The appellant filed a departmental appeal against the impugned order on 3-7-1986 but has received no reply till to date. Hence this appeal to the Tribunal. 2. The facts of the case are that the appellant was serving as a Tele-printer Messenger in the P.I. A at Rawalpindi when he was transferred to Karachi vide order dated 16-9-1985. However, he was released from Rawalpindi Office vide order dated 22-9-1985 to report on duty at Karachi. 3. The learned counsel for the appellant submitted that on 22-9-1985 the appellant applied for one day's Casual Leave as his cousin had died and so left the office in a hurry. Next day due to some fatigue the appellant felt shooting pain in his chest and reported to P.I.A. Medical Officer but was refused treatment on the plea that the appellant was under transfer. He, therefore, rushed to Military Hospital Rawalpindi. He was attended there by Col. Masudul Hasan Nuri, Classified Specialist in Medicines and Cardiology. The specialist advised the appellant…

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