' SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order dated 31-3-1998 delivered by the Punjab Service Tribunal whereby an appeal preferred by the petitioner assailing his dismissal from service was rejected, but the dismissal was converted into compulsory retirement.
2. The brief facts giving rise to the institution of this petition are that the petitioner was a Junior Clerk in the D.C. Office, Sialkot. He was proceeded against under the Efficiency and Discipline Rules on the following charges:--
(i) On 26-2-1991 the petitioner applied for leave for 4 months for attending to some urgent domestic affairs and the said application was kept pending on account of lack of staff, but the petitioner proceeded on leave on 26-2-1991 and did not report till 6-3-1991.
(ii) On 5-4-1991 he again applied for 4 months' leave with reference to his previous application. The same was also kept pending on account of adjustment of staff and other administrative affairs due to the creation of new District of Narowal.
(iii) On 9-5-1991 the petitioner applied for leave on medical grounds supported by a medical certificate uptil 26-5-1991 and the same was sanctioned on 22-5-1991.
(iv) On the expiry of leave, i,e,. On 27-5-1991 he did not report nor did he submit any application for extension of leave and thus he was treated absent without leave.
3. On account of absence without leave he was proceeded against and the Extra-Assistant Commissioner (Revenue), Sialkot, was appointed as inquiry officer. According to the findings of the inquiry officer, the petitioner applied and got medical leave sanctioned from 9-5-1991 to 26-6-1991, but on 19-6-1991 he was arrested at Karachi in a criminal case registered vide F.I.R. No,324/91 under section 420/468/471/409, P.P.C. The arrest of the petitioner was intimated by the Inspector, F.I.A. And Passport Cell, Karachi through T.P. Message dated 27-6-1991. In these circumstances, the inquiry officer and the authorized officer concluded that the medical certificate obtained by the petitioner was not genuine and the illness shown as chronic bronchitis. According to the finding of the inquiry officer it was just a pretext and assuming he was sick, he could not have gone to Karachi. It was thus concluded that the absence was deliberate and intentional and therefore the petitioner was dismissed from service on 4-12-1991. The departmental representation was rejected and thus the petitioner invoked the jurisdiction of Punjab Service Tribunal and the appeal was rejected, but the dismissal was converted into compulsory retirement.
4. As before the Tribunal, it was urged before us that the petitioner had gone to attend the funeral ceremony of the father-in-law of his brother and he had gone to airport at Karachi to receive his brother, who was arriving from Saudi Arabia and was arrested. It was further urged that vide order dated 9-2-1998 passed by the Judicial Magistrate the case against him was closed and filed. It is obvious that the petitioner had not been exonerated or acquitted, but the case was kept dormant, as the prosecution did not produce witnesses. According to the judgment of the Judicial Magistrate the prosecution had been allowed to reopen the case subject to the condition that all witnesses are produced at once. The Tribunal directed the petitioner to produce death certificate of the father-in-law of his brother, but he failed to do so. In these circumstances, the Tribunal came to the conclusion that the charge of absence without leave stood proved against the petitioner.
The Tribunal, however, in its wisdom converted the punishment of dismissal into compulsory retirement.
5. After having heard the learned counsel at length and having gone through the facts of this case, were are of the view that no legal question requiring interpretation by this Court arises so as to warrant interference by this Court. Resultantly, this petition is dismissed and leave to appeal is refused.