Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 496

[Service Tribunal Punjab]

Before Abdul Hamid Khan, Member

MUHAMMAD ASHRAF

versus

ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL NANKANA SAHIB, DISTRICT SHEIKHUPURA and 2 others

Appeal No. 302/912 of 1988, decided on 20th January, 1991.

Civil service---

---- Dismissal from service---Civil servant was proceeded against departmentally and consequently was dismissed from service on allegations of inefficiency and deliberately avoiding official duty and absence from duty-- Allegations of inefficiency and deliberately avoiding official duty, had not been proved against civil servant as predecessor of civil servant had clearly deposed before enquiry officer that civil servant had completed work which was entrusted to him before proceeding of leave---Fact that civil servant remained ill during period of his alleged unauthorised absence, was not disputed---Even enquiry officer had stated in his finding that after a detailed examination of record he reached the conclusion that civil servant had really remained ill, during that period----Civil servant had furnished proper medical certificates from authorised medical attendant in support of his applications for leave-- Such medical certificates, could not be rejected out of hand without first obtaining a second opinion from a Medical Board or from Medical Superintendent of a Civil Hospital---Authority not only failed to adopt that procedure, but also did not inform civil servant that leave applied for by him had been rejected---Civil servant admittedly was neither supplied a copy of enquiry report nor served with a show-cause notice before penalty of dismissal was imposed on him---Such material omission on part of Authority had seriously prejudiced civil servant in his defence and had vitiated proceedings-- Order dismissing civil servant otherwise based on erroneous assumption thus could not sustain---Order of Authority was set aside and civil servant was reinstated with all back benefits.

Muhammad Bashir Ahmed for Appellant.

Ch. Manzoor Hussain, D.A. for Respondent.

Date of hearing: 21st November, 1990.

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