| Case ID |
3974a192-9ff3-414f-b2b7-17c8eb440804 |
| Body |
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| Case Number |
Appeal No. 54 of 1980 |
| Decision Date |
Nov 13, 1980 |
| Hearing Date |
Feb 02, 1980 |
| Decision |
The appeal is accepted, and the orders passed by the Departmental authorities are set aside. The period of absence of the appellant will be treated as leave due on medical grounds, and the appellant will be entitled to the salary admissible to him for the period in question. The absence of a second medical opinion by the Departmental authorities is a key factor in this decision, highlighting the importance of following due process in disciplinary actions. |
| Summary |
This case revolves around the dismissal of S. Abdul Jabbar Khan from his position as a police officer due to alleged unauthorized absence from duty. The appellant contended that his absence was due to medical reasons substantiated by a medical certificate from Mayo Hospital, Lahore. The Tribunal found that the Department failed to sanction leave or seek a second medical opinion as required by the Leave Rules applicable to police employees. The Tribunal ultimately ruled in favor of the appellant, emphasizing the necessity for proper medical verification before imposing severe penalties like dismissal. This case underscores the legal principle that employees should be given a fair opportunity to present their medical evidence and that disciplinary actions must align with established legal protocols. Keywords such as 'disciplinary action', 'medical leave', 'police employment law', and 'service tribunal' are relevant for SEO optimization. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
MUBARIK AHMED
|
| Lawyers |
M. A. Riaz,
H. R. Cheema
|
| Petitioners |
S. ABDUL JABBAR KHAN
|
| Respondents |
SUPERINTENDENT OF POLICE, JHELUM
|
| Citations |
1981 SLD 2146,
1981 PLC 281
|
| Other Citations |
In re: Nazir Ahmad v. D. C., Multan (1980 P L C (C. S.) 228)
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|