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2003 SCMR 626

MUHAMMAD HANIF vs S. P., LAHORE and others

Citation2003 SCMR 626
CourtSupreme Court of Pakistan
Case No.Petition No,1539-L of 1998
Date2000-11-19
Judge(s)Qazi Muhammad Farooq, Abdur Rehman Khan
ResultPetition dismissed

ORDER

' Petitioner was employed as constable and on remaining absent from duty on the following dates, he was dismissed from service:

(i) 3-6-1990 to 21-6-1990,

(ii) 26-6-1990 to 8-7-1990, and

(iii) 14-7-1990 till the date of dismissal from service. The appeal preferred by the petitioner against his dismissal by the competent authority was rejected by the Service Tribunal through the impugned judgment.

2. The learned counsel appearing for the petitioner submitted that the petitioner had nine years' service to his credit and that the medical certificates furnished by him could not be rejected summarily. The reasons given in the impugned order for not accepting the plea of the petitioner are reflected in para. No,5 which are reproduced:--- "It can be made out without going into details that the appellant is making out a story. As a member of the disciplined force it was necessary for him to make sure that he appears before the Authorised Medical Officer duly appointed by his superiors and should have kept a constant link with his department to avoid the possibility of any communication gap. That not having been done the defence that the appellant's absence was due to illness cannot be accepted. The impugned orders were passed after observing necessary procedural formalities, are in accordance with the laid down procedure."

' We feel that the said reasons did justify the refusal of the relief sought and consequently this petition is dismissed and leave is refused.

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