1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Federal Service Tribunal dated 14-6-1989/10-7-1989, whereby appeal of the respondent was accepted.
2. Briefly, the facts are that the respondent was a Superintendent E&M Grade 11 in M.E.S. In 1981, he was granted four months' leave on full pay with effect from 13-6-1981 to 10-10-1981 and went to Quetta to meet his relatives and friends, where he fell ill and remained under the treatment of a doctor. He submitted application for leave from 1-11-1981 to 27-11-1981 on submission of medical certificates, in three terms. On his return he met with his C.M.E.S. And informed him that he was suffering with Tuberculosis and was under the treatment of the doctor in Government Sanatorium, Quetta. He gave an application to the C.M.E.S. For further leave of a bit longer period and again proceeded to Quetta for treatment where he again seriously fell ill and submitted another application for extension of leave upto 16-5-1982. He was informed that on recovery and return he should submit medical certificates to the Office. He finally returned and reported for duty to C.M.E.S. (Army) Lahore on 10-7-1982 alongwith medical certificates and fitness certificate but he was informed that he has been removed from service w.e.f. 11-10-1981 vide order dated 7-7-1982. He made an appeal before the Engineer-in-Chief, J.S. HQ, Rawalpindi which was rejected vide Letter No.163/87/El, dated 7-7- 1982.
3. Appeal of the respondent before the Federal Service Tribunal, Islamabad, was accepted vide impugned judgment and reinstated him in service. The Tribunal also ordered that the respondent will be treated on medical leave till 12-7-1982 and that any other leave on full pay that may be due to him under the rules will also be allowed to him and for the rest of the period he will be allowed extraordinary leave without pay, hence this petition for leave to appeal before us.
4. After hearing the learned Deputy Attorney-General in support of this petition, we have come to the conclusion that the main question involved in this case is, whether the Government servant who never applied for extension of leave after the expiry of the sanctioned leave and who continuously remained absent from duty can be proceeded against under departmental disciplinary action.
5. This is a question, which reeds further consideration. Leave to appeal is, therefore, granted.
6. Appeal is to be made ready on the present record. However, the parties are allowed to file additional documents, if any. Meanwhile, the implementation of the order of the Federal Service Tribunal is stayed, subject to all valid objections about the limitation of the petition.