2004 PLP (C (PLC(CS))

Malik Azam Rasool, Advocate Supreme Court for Respondents. Date of hearing: 14th April, 2003. MUNIR A. SHEIKH, J

Disciplinary proceedings were taken against the petitioner on the charge of remaining absent from duty with effect from 1-9-1997 to 21-9-1997. The authority imposed penalty of removal from service which was challenged by the petitioner in appeal before the Punjab Subordinate Judiciary Service Tribunal (hereinafter referred to as the Tribunal). He came to the conclusion that the same was good and unblemished, therefore, petitioner deserves lenient view in the matter of imposition of major penalty of removal from service which has been converted into penalty of compulsory retirement from service which too is major.

2. Learned counsel for the petitioner, inter alia, raised the following points:-- (a) The charge was only of absence from duty from 1-9-1997 to 21-9-1997 but the Tribunal, as is apparent from the impugned judgment, was under the influence of the fact that the petitioner obtained leave for going to Canada to attend marriage of his relative but instead of going there, he went to America, which was not part of the charge-sheet as such the exercise of discretion as to the quantum of penalty had been adversely affected to the prejudice of the petitioner. (b) After holding that in view of unblemished service record of the petitioner, he deserves lenient treatment, but major penalty has been substituted by another major penalty which, prima facie, is contrary to the findings of the Tribunal. (c) The petitioner sought extension of leave on medical grounds supported by medical certificate sent from abroad, which under the rules, could not be disallowed unless the medical certificate was proved to be incorrect after reference of the matter to a Medical Board. (d) The petitioner was granted ex-Pakistan leave, which is manifest from the order, copy of which has been placed on record, and not to visit specified country despite he of his own gave an explanation in reply to the show-cause notice that the marriage in which he had to participate in Canada, Barat had to proceed from Canada to America. The petitioner met accident before leaving Pakistan after sanction of leave, therefore, his departure was delayed and he could not reach Canada to participate in the marriage there, therefore, he participated in it at its ultimate destiny i.e. America, but the same has not been considered as no finding has been given in respect thereof: 2-A. The contentions raised, inter alia, require examination, therefore, leave is granted to consider the same.

3. Being a service matter, the office shall take steps to expedite hearing of the appeal as far as possible. S.A.K./M-899/S Leave granted.