Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S.4--Government Servants (Efficiency and Discipline) Rules, 1973, R.5--Civil servant transferred to another section of department could not join the same on requisite date due to illness--Such civil servant joined his duty afterwards and submitted medical certificate for leave of absence which was granted--Charge framed against civil servant for not joining his duty on transfer proved to be false in view of sanction of his leave--Such sanctioning of leave was within knowledge of his superior who had hidden this fact and was instrumental in issuing wrong charge-sheet--Civil servant being new to the transferred department, held, should have been given period of ninety days at least to adjust himself in new environment before proceeding against him--No details having been provided to civil servant of charges against him, such civil servant did not have reasonable chance to defend himself--Such acts betrayed state of unnecessary hurry on part of superiors to proceed against civil servant without full-fledged inquiry--Service Tribunal accepting appeal of civil servant ordered his re-instatement in service with full benefits. Muhammad Sharif and Muhammad Amir Akbar Khan for Appellant. Muhammad Abdullah, Haji boor Muhammad and Rashid Akhtar for Respondents. Date of hearing: 22nd December, 1987. JUDGMENT Ch. A. RAHMAN KHAN (MEMBER)--The appellant, Mr. Muhammad Ijazul Haque Malik, ex-Senior Auditor, Office of the Accountant-General Punjab, Lahore, has come in appeal against the impugned order of his removal from service dated 1-12-1986. 2. The facts of the case are that the appellant joined the service in the year 1976 as Junior Auditor in the Office of the Accountant­ General, Punjab. He was promoted later as Senior Auditor with effect from 1-7-1983. 3. It was contended by the learned counsel for the appellant that on 3rd April, 1986, the appellant was transferred to J.M. Section in the same office but fell seriously ill. He joined his new office on 12th April, 1986 and submitted a medical certificate. His leave was later sanctioned by the appropriate authority for the duration of his sickness. He was issued a show-cause notice…

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