' Briefly stated, the facts of the case are that the appellant on account of ailment i.e, backache and joint problems submitted an application accompanied by the original medical certificates for grant of 13 weeks medical leave to the EDO Health, Kasur who vide letter dated 18.8.2011 Bearing No, 19529/531/EDO (H) Kasur transmitted the medical certificates to the M.S. Services Hospital, Lahore for verification and genuineness of the medical certificates. On 14.1.2012 the Secretary Health issued show-cause notice to the appellant under the provisions of the PEEDA Act, 2006 alleging that the appellant has absented himself from duty w.e.f, 16.5.2011. This show-cause notice was contested by the appellant through his written reply in which he narrated that there was no willful absence as he fell sick and reported to the Services Hospital, Lahore on 21.5.2011 for treatment. In this regard necessary details were given by the appellant but the Secretary health vide impugned order 22.4.2012 imposed upon him minor penalty of stoppage of increments for two years under the PEEDA Act, 2006. This order was called in question through departmental appeal which was dismissed by the Chief Secretary, Punjab vide impugned order dated 25.9.2012, hence this appeal.
2. Arguments heard and record perused.
3. In ground (a) of the memo of appeal, the appellant categorically narrated that the during his duty hours, he suffered from backache and was seriously indisposed for which the doctor advised him complete bed rest. He submitted medical certificates to the EDO Health, Kasur through corier service who neither forwarded the same to the competent authority for sanction of leave nor competent authority verified the medical certificates form the Services Hospital, Lahore. The Secretary Health in his parawise comments stated the same as incorrect and denied but there is no denial of letter dated 18.8.2011 issued by the EDO Health, Kasur whereby the said EDO Health Kasur sent the medical certificates to the M.S. Services Hospital, Lahore for verification. This letter speaks volumes that the appellant submitted four medical certificates for grant of 13 weeks medical leave. It is evident that instead of proceeding to sanction or refuse the said medical leave the departmental proceedings were initiated against him on 14.1.2012. If he was absent from duty from 16.5.2011 why after about 7 months departmental action was taken against the appellant. No plausible explanation is available on record or cogent reasons to substantiate the bona fide of the authorities. According to Rule 20(2) of the Revised Leave Rules, 1981 leave applied by a civil servant on medical grounds shall not be refused. There is no allegation against the appellant that he has forged the medical certificates, therefore, for absence from duty, medical certificates produced before the authorities are presumed as correct. In reply to the show-cause notice, the appellant categorically mentioned that he was not willfully absent from duty rather fell sick and reported to the Services Hospital, Lahore for medical treatment where professor of Neurosurgery advised him complete bed rest. He submitted leave application on medical grounds. The Secretary Health just mentioned in the impugned order dated 22.4.2012 that his reply was found unsatisfactory but he has not mentioned any reasons to dislodge the defense of the appellant. It appears that the appellant has been penalized ritualistically. He accordingly informed the departmental authorities for medical leave while submitting applications having attached medical certificates issued from the Services Hospital, Lahore. In view of the Rule 20(2) of the Revised Leave Rules, 1981 no reasons were available with the authority to refuse the leave on medical grounds when no material was brought on record to doubt upon the medical certificates and he accordingly applied for leave on medical grounds which the department failed to address. The apathy and careless of the department cannot be attributed to the appellant.
4. For what has been discussed above, the appeal is allowed and the impugned orders are set aside.