' S. ABDUL JABBAR KHAN (CHAIRMAN).-Nazar Ali ex-Constable, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order dated 6th October, 1979, passed by respondent No, 3, dated 12th January, 1980, passed by respondent No,
2. And dated 16th July, 1980, passed by the respondent No, 1, by which he was dismissed from service for wilful absence. By virtue of this appeal, he has prayed that the impugned orders be set aside and he may be reinstated in service.
2. Brief facts of the case are that the appellant on 11th March, 1977, while performing his official duty fell ill and proceeded on leave without any permission from the competent authority. However, he sent certain M. Cs. To cover his absence. Out of these, two certificates related to a period of 6 months which were issued by Dr.. Muhammad Aslam Bhatti Medical Officer, Civil Hospital, Sialkot, which were ultimately found fake certificates during the course of the inquiry. The appellant was charge-sheeted on 2nd October, 1978, but no reply was sent by him till 15th November, 1978 as he was not traceable. Regular departmental inquiry was conducted against him but as he did not join the proceedings, the inquiry was held ex parte. An amended charge-sheet was also issued to him on 16th January, 1979, which was duly served upon him and the reply to the said charge-sheet was given on 18th April, 1979, by the appellant himself. The reply was considered unsatisfactory and impugned order of his dismissal from service was passed. His appeal as well as Revision was rejected by the authorities. Hence this appeal.
3. Learned counsel for the appellant has vehemently argued that the appellant was not a malingerer but he factually fell ill and his illness was supported by various M. Cs. And, according to rules, those certificates could not be ignored by the competent authorities. He has also assailed the conduct of the inquiry as well as the method employed by his superiors of his dismissal from service, which according to him, were irregular and appellant was condemned unheard.
4. We have perused the record of this case carefully and have also taken into consideration the parawise comments filed by the S. P., Sialkot, and have given our full attention to the various orders passed by the authorities in his case. The fact of the matter is that when the appellant fell ill on 11th March, 1977, he was under obligation either to prove to his superiors that he was really ill and under the Police Rules, he had to wait and, could not leave the station without prior permission of his immediate superior. In the present case what we find is that the appellant remained absent from 11th March, 1977 to 4th January, 1978 and again' from 28th February, 1978 to 24th May, 1978, and from 10th June, 1978, to indefinite date. The perusal of the M. Cs., although not by the Medical Officer, Police, do not reveal that the appellant was suffering from any ailment which had so incapacitated him as not to move an inch an the only course left before him, was M. Cs. To confirm his illness, S being not the case we fail to understand how the appellant w moving from one place to other for securing M. Cs. Could have made himself easily available at least once or twice before the authorities who were chasing him from pillar to post. A person like the appellant would hardly be suitable person to be retained in service particularly that of Police. We are fully in accord with the I.- G. P. With his observation that the illness was feigned and the appellant who was heard I person by him on 9th July, 1980, could hardly convince him of his such a long absence. Similarly the D.-I. G.
Was fully justified to observe that according to his record he was habitual absentee during his 8 years of service and never took his job seriously. We have no reason to disagree with the two concurrent findings of his superiors, i. e., S. P. And D.-I. G. And dismiss his appeal as being without any merit.
' There will be no order as to costs.