| Case ID |
4645b4b2-04b9-4a60-ac92-47b2488b9420 |
| Body |
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| Case Number |
693/961 of 1984 |
| Decision Date |
Feb 18, 1985 |
| Hearing Date |
|
| Decision |
The appeal filed by Qadir Baichsh Bhatti has been accepted, leading to the setting aside of the impugned order dated 10-04-1984. The Service Tribunal concluded that the appellant's medical leave application, supported by a valid medical certificate, could not be refused. The Tribunal ruled that the competent authority had no grounds to deny the leave, as the appellant had adhered to the established protocols by submitting a medical certificate for his illness. Furthermore, it was determined that the authority's claims about the appellant breaking a gentleman's promise were unfounded. Consequently, the period from 13-10-1983 to 13-11-1983 was to be treated as medical leave on full pay. There was no order as to costs in this matter. |
| Summary |
In the case of Qadir Baichsh Bhatti vs. Chief Engineer, Irrigation, Multan Zone, the Service Tribunal of Punjab addressed an appeal concerning the denial of medical leave. The appellant had initially been granted four months of leave but fell ill and provided a medical certificate to extend his leave due to health issues. However, the Superintending Engineer deemed the request as a violation of rules and imposed a censure instead of granting the leave. The Tribunal found that the refusal of leave lacked justification and that the medical evidence was sufficient to support the appellant's application. The decision emphasized the importance of adhering to medical recommendations in matters of leave, highlighting that the authority had not properly followed the procedural requirements. This case underscores the rights of civil servants to seek medical leave without undue penalties, reinforcing the necessity for competent authorities to respect medical documentation. Key terms include 'medical leave', 'civil service rights', and 'Punjab Service Tribunals Act'. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN
|
| Lawyers |
Haji Muahtaq Ahmad Aqil,
A.G. Humayun
|
| Petitioners |
QADIR BAICHSH BHATTI
|
| Respondents |
CHIEF ENGINEER, IRRIGATION, MULTAN ZONE,
Superintending Engineer, Headquarters, Irrigation Multan Zone, Multan
|
| Citations |
1985 SLD 1881,
1985 PLC 484
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act, 1974
|
| Sections |
4
|