1. ' S. ABDUL JABBAR KHAN (CHAIRMAN).-Mr. Muhammad Tufail the appellant present in person as well as his counsel Mr. Tanvir Hussain Shah Advocate. We have heard the learned counsel at length and have perused the record of this case carefully with their assistance, while contesting the contention of the appellant that under the Rules nobody can be forced to Go on L. P. R., further documents have been placed on the record by the respondent to show that in fact it was on the application of the appellant against his transfer order that the authorities concluded that as he was willing to go on L. P. R. Therefore, it was decided by the Department on compassionate grounds that he should not be disturbed for a period of nine months left in his service. We have seen the application signed by the appellant himself wherein it has been stated as under ' L. P. R. {{URDU TEXT}} ' We are afraid that the words used by the appellant cannot be considered as conclusive to the effect that he had made a positive request for going on L. P. R. It was a suggestion on his behalf although very clever indeed that he could go on L. P. R. It seems that the officers interpreted this statement otherwise and were of the opinion that the appellant had made a request for going on L.
2. P. R. Therefore his transfer could be cancelled on compassionate grounds. Without going into the merits or demerits of the statement made by the appellant the fact remains that he has made no request for going on L. P. R. Although impression was taken to this effect by the Department. The law is very clear on this point that nobody can be forced to go on L. P. R. As envisaged under rule 3, sub rule, (iii) of the prescribed Leave Rules, 1978. These rules give discretion 9 to a civil servant to go on L. P. R. And the competent authority for that matter cannot force him to do so. In the light of above discussions, we accept the appeal and set aside the impugned order.