1990 PLP 1546 (SCMR)

S. USMAN ALI SHAH, J. ‑‑The petitioner seeks leave to appeal against the order of .the Punjab Service Tribunal, Lahore dated 3‑10‑1985, whereby his appeal was dismissed. The petitioner was a senior clerk in the Directorate of Mineral Development, Punjab (Administrative Wing), Lahore. On his application, he was granted four months leave on the reasons of private affairs from 1‑1‑1979 to 30‑4‑1979 vide department letter No: DIS/PR/Admn/VI/50 dated 4‑6‑1979. On expiry of his leave, the petitioner. applied piecemeal again for leave extensions on the same ground from 1‑5‑1979 to 28‑8‑1981, the last of which was sanctioned vide Office Order No. A‑E‑4‑153/81 dated 20‑6‑1981. On expiry of the extended leave he applied for further extension of 181 days w.e.f. 1‑9‑1981 to 28‑2‑1982 vide his application dated 23‑9‑1981 which was rejected and he was given 7 days notice to resume his duty failing which disciplinary action under the rules against the petitioner is to be initiated, vide memo No. A‑E‑4/153/81 dated 24‑10‑1981. The petitioner instead of complying the said order submitted another application dated 5‑9‑1981 insisting for extension. The same was rejected and another similar notice and subsequent reminders were given to the petitioner to resume his duties. Ultimately, the petitioner was served with a show‑cause notice in writing to submit his explanation within 10 days after the receipt of the same as to why disciplinary action should not be taken against him. The petitioner instead of submitting his explanation sent another application dated 26‑11‑1981 requesting extension on medical grounds. The petitioner was given another chance to appear before the Medical Superintendent, Services Hospital, Lahore which the petitioner failed to do and he was removed from service by the Deputy Director (Administration) vide his order dated 11‑7‑1982. The petitioner filed departmental appeal which was rejected and his subsequent representation to the Secretary Industries also met the same fate, vide order dated 18‑10‑1983. The petitioner filed an appeal before the Punjab Service Tribunal at Lahore. The learned Chairman and members of the Tribunal concluded as under:‑‑ "The appellant was directed to appear before the Medical Superintendent, but he failed to appear and the so‑called medical certificates of the appellant were returned by the Medical Superintendent, that the appellant did not appear before him. In such a situation the appellant is guilty of wilful default and absence from duty without leave of the competent authority. He is a chronic case of absence as well as indiscipline. We have found no ground to interfere with the impugned orders which are fully justified. Accordingly the appeal is dismissed." We have heard the learned counsel for the parties and have gone through the record of the case. It is apparent from the record that the petitioner has absented himself from duty for two years which is clearly a case of gross indiscipline. He was given full opportunities to explain his position to justify his wilful absence from his duties but he neither appeared before the Medical Superintendent, Services Hospital, Lahore nor submitted any satisfactory explanation to verify his medical certificates in this regard for conversion of his long absence from duties into medical leave. Under the circumstances, the finding of the learned Tribunal does not warrant any interference by this Court. This petition has no merit and is accordingly dismissed. A.A./F‑152/S?????????????????????????????????????????????????????????????????????????? Petition dismissed.