Law:

Section:

Civil service--- ----Compulsory retirement---Employee was compulsorily retired from service on basis of invalidation certificate purported to have been issued by Medical Board showing employee completely and permanently incapacitated for service---Disputed certificate was not issued by Medical Board duly constituted as evidence on record had fully established that neither any Medical Board was constituted nor employee was called upon to appear before any such Board--­Report of Doctor who had been treating employee ever since he met with accident, was made basis for certificate of incapacitation which was endorsed and signed by members of Board in accordance with prevalent practice in routine--Such certificate could not be made basis for employee's retirement--­Order of compulsory retirement of employee, was set aside and. case remanded to Authority with direction that Medical Board be constituted for examination of employee for authentic and definite opinion as to whether employee stood completely and permanently incapacitated for service. M. Yaseen Bhatti for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing: 10th February, 1993. JUDGMENT CH. HASAN NAWAZ (MEMBER).---While he was attached with Income-tax Officer, Special Circle, Lahore as Income-tax Inspector, the appellant met with an accident in the year. 1986, as a result of which he received a back injury and remained on medical leave from time to time, under the treatment of Dr. Anwar Naeem, Assistant Professor Orthopaedic Surgery P.G.M.I. Mayo Hospital, Lahore from 18-3-1986. 2. On 15-10-1988 he applied for medical leave for a period of 120 days from 5-10-1988 to 1-2-1989. He stated in this application that he had been suffering from acute Prolope Interventable DISC (PID) since 18-3-1986. 3. On this application, medical leave up to 25-11-1988 was allowed to him by the Commissioner of Income-tax Central Region, Lahore. A request was however made to the Orthopaedic Surgeon, Federal Dispensary, Lahore for his `check-up' to ascertain whether he was fit to resume duty. He was directed to appear before the Surgeon on or before 26-11-1986. 4. It appears that Civil Surgeon concerned Mrs. Gulshan Ara…

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