' MAMOON KAZI, J.---The respondent was serving as Inspector in the Customs Department since 8- 12-1985. In 1982 he was posted at Mirpurkhas when. He suffered angina pain and got medical treatment from the Medical Officer at Mirpurkhas as. An outdoor patient. In the meanwhile he informed the Department about his said illness through a telegram dated 12-5-1992 which was also accompanied by a medical certificate. Although, leave was sanctioned for an initial period of two months but further extension of leave was refused and instead disciplinary proceedings were initiated against the respondent and as a consequence thereof a major penalty of removal from service was imposed. The period of unauthorised absence was also treated as leave without pay.
2. The respondent approached the Service Tribunal in appeal and the learned Tribunal had set aside the said order holding that the circumstances did not call for holding of an inquiry against the respondent. Once request for medical leave was granted the respondent's subsequent request for extension of such leave could not be declined without referring his case for a second medical opinion either to an officer of the Health Department or a Medical Board.
3. We have heard Mr. Akmal Wasim, learned counsel for the petitioner-department and have also perused the judgment of the learned Tribunal. In view of the circumstances of the case, the judgment of the Tribunal does not appear to be open to exception.
' In the result, leave is refused and the petition is dismissed.