ABDUL HAMID CHAUDHRY (MEMBER). --Nazir Ahmad, Ex-Forest Guard of Gujranwala Forest Division, Gujranwala has made this appeal under section 4 of the Punjab Service Tribunals Act 1974, where in he has impleaded the Divisional Forest Officer, Gujranwala forest Division, Gujranwala and the Conservator of Forests, Lahore Circle, Lahore as respondents.
2. By virtue of this appeal the appellant has prayed that the original and appellate order dated 15- 9-1984 and 11-5-1985 graciously be set aside and the appellant be reinstated in service w.e.f. 14-9- 1984. It has also been prayed that leave for 72 days be sanctioned in accordance with medical leave rules.
3. Brief facts of the case are that the appellant proceeded on one day's casual leave sanctioned for 28-9-1983, but wilfully absented himself till 2-10-1983. The appellant was called upon by the Sub- Divisional Forest Officer, Sheikhupura to explain for his wilful absence from 29-9-1983 to 2-10-1983 vide his letter dated 3-10-1983. The appellant furnished his explanation which was not found satisfactory. Again the appellant proceeded on three days casual leave w.e.f 4-11-1983 to 6-11-1983, after getting it sanctioned by the Sub-Divisional Officer, Sheikhupura. However, he did not resume duty till 7-11-1983 and informed the Sub-Divisional Forest Officer through a registered letter dated 7-11-1983 that he could not resume his duty due to his own illness and he was proceeding for its diagnosis and treatment and that medical certificate would follow. However, the appellant did not resume due to his sickness and submitted medical certificate alongwith leave application. After having been declared fit for duty the appellant wanted to resume duty on i6-1-1984. The appellant was proceeded under Punjab Civil Servants (Efficiency and Discipline) Rules 1975 for his absence for the period detailed above as he has not obtained the leave from the competent authority. The appellant was found guilty of misconduct for wilful absence from duty from 29-9-1983 to 2-10-1983 and from 7-11-1983 to 15-1-1984. He was dismissed from service vide order dated 15-9-1984 of the Divisional Forest Officer, Gujranwala Sheikhupura Forest Division. The period of his absence from 29-9-1983 to 2-10-1983 and 7-11-1983 to 15-1-1984 was treated as leave without pay. The appellant submitted an appeal to the Conservator of Forests, Lahore Circle, Lahore. Keeping in view his long service, a lenient view was taken and the penalty of dismissal from service was converted into compulsory retirement from service w.e.f 14-9-1984 vide order dated 11-5-1985 of Conservator of Forests, Lahore Circle, Lahore. Hence this appeal.
4. We have heard the parties i.e., Mr. Muhammad lqbal Chaudhry, Advocate for the appellant and Mr. A.G. Humayun District Attorney on behalf of the respondents.
5. It has been argued by the learned counsel for the appellant that the appellant remained sick for the period from 29-9-1983 to 2-10-1983 and 7-11-1983 to 15-1-1984, the period of absence so attributed towards the appellant. The appellant had submitted medical certificates from the Lahore General Hospital, Lahore for this purpose. Hence under the Leave Rules, 1978, issued on 5-11- 1978 the leave was admissible to the appellant under the leave rules and this leave could not be refused on the strength of the medical certificates so submitted by the appellant. Thus, the appellant has been punished arbitrarily and he should have been allowed the medical leave as admissible to him under the Leave Rules 1978 rather than punishing him. The learned counsel for the appellant has submitted that the impugned orders being unlawful be quashed.
6. On the other hand the learned District Attorney has relied on the para-wise comments submitted by the respondents. He has also referred to the detailed impugned order dated 15-9- 1983 of respondent No.2 and has submitted that this order is a detailed order wherein it has been proved that the appellant was not a sick person and he remained absent from duty from 29-9- 1983 to 2-10-1983 and 7-11-1983 to 15-1-1984 wilfully. Hence no exception can be taken against the impugned orders which are lawful and a valid order passed on the facts and has prayed that the appeal of the appellant be dismissed.
7. We have given our anxious thought to the arguments of the parties and have also gone through the record of this case carefully. The perusal of the impugned order of the Divisional Forest Officer, Gujranwala/Sheikhupura Forest Division dated 15-9-1984 clearly shows that the appellant is guilty of misconduct and wilful absence from duty for the period from 29-9-1983 to 2-10-1983 and from 7-11-1983 to 15-1-1984. The medical certificates submitted by the appellant at a later stage could not justify absence from duty and the charge of wilful absence against the appellant stood proved.
We also find that a lenient view already has also been taken by the Conservator of Forests, Lahore Circle, LHR keeping in view of his long service and penalty of dismissal for service has been converted into compulsory retirement from service with effect from 14-9-1984.
8. The result of the above discussion of the case is that there is no merit in this appeal which is dismissed as such.