Law:

Section:

Government Servants (Revised) Leave Rules, 1980-- ----R.20---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Absent without leave---Dismissal from service--Medical leave---Failure to consult doctor in Government hospital---Civil servant was dismissed from service on the charge of absence from duty without leave---Departmental Authorities having not been satisfied with the plea of serious illness of the civil servant dismissed him from service as the civil servant did not consult any doctor in Government hospital---Order of dismissal was maintained by the Service Tribunal---Civil servant contended that in case of leave on medical ground the Authority competent to sanction leave could secure second medical opinion but there was no justification either for refusal of leave or for ,initiation of departmental proceedings---Validity---Civil servant failed to explain as to why he had not applied to the concerned Authorities for grant of leave on medical ground and for what reason he did not consult the doctor in Government hospital and inform concerned quarters about his illness---Service Tribunal having perused service record of the petitioner observed that he' was habitual, wilful absentee without authorized leave and that such conduct was not in conformity with the Government Servants (Conduct) Rules, 1964---Tribunal for its satisfaction, could competently look. into the service record of the civil servant and earlier absence of the civil servant was relevant to determine the present matter ---Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred seeking leave to appeal against the judgment dated 11-9-2001 passed by Federal Service Tribunal, Islamabad in a service appeal. The petitioner who was a Senior Auditor in District Accounts Office, Mianwali, was issued a show-cause notice dated 3-1-2001 for his absence from duty without permission and sanction of leave by the competent Authority. The petitioner was directed to resume duty and submit reply to the show-cause notice wherein penalty of dismissal…

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