Pakistan Case Law
2001 PLC (C.S.) 81

COLLECTOR OF CUSTOMS, HYDERABAD and another vs MUHAMMAD HAYAT

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Citation2001 PLC (C.S.) 81
CourtSupreme Court of Pakistan
Case No.Civil Petition No,142-K of 1997 Appeal No,80(K) of 1996
Date1998-02-11
Judge(s)Ajmal Mian, C.J. and Mamoon Kazi
Authored byMamoon Kazi
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal filed by the Collector of Customs against the judgment of the Service Tribunal, which had set aside the removal from service of the respondent, an Inspector in the Customs Department. The respondent fell ill with angina while posted at Mirpurkhas and communicated his illness via telegram and medical certificate. Although initial leave was sanctioned, subsequent extension was refused, and disciplinary proceedings culminating in removal from service were initiated due to unauthorized absence. The core legal question was whether the department could decline an extension of medical leave and initiate disciplinary proceedings without obtaining a second medical opinion. The Supreme Court held that once medical leave was initially granted, subsequent requests for extension based on illness could not be summarily declined without referring the employee's case for a second medical opinion to an officer of the Health Department or a Medical Board. The petition was consequently dismissed.

Questions settled in this judgment
  • Whether an employee's request for extension of medical leave can be declined without referring the case for a second medical opinion?
  • Does unauthorized absence due to illness warrant the imposition of a major penalty without proper medical evaluation?
  • Is the judgment of the Service Tribunal setting aside removal from service open to exception when initial medical leave was duly sanctioned?
Service TribunalMedical LeaveRemoval from ServiceUnauthorised AbsenceCustoms DepartmentSecond Medical Opinion

ORDER

' 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.

Cited by 5 cases

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