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Case No. 133/ 138 of 1983, decided on 30th October, 1983.
-- R. 6 (3)-Removal from service for wilful absence from duty-Allegations of victimisation and intrigue not established-Appellant found guilty of misconduct and punished correctly.
Appellant in person.
A. G. Humayun, District Attorney for Respondent:
-Dr. Muhammad Munir Ahmad has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded Secretary to Government of the Punjab, Health Department, Lahore, as respondent.
2. The appellant has filed this appeal against the order No. S. O. (Admn.-V1) M.-253/81, dated 8th March, 1983 whereby the repre sentation of the appellant has been rejected. The appellant has prayed that he be reinstated in service with all back benefits.
3. Brief facts of the case are that lately Dr. Muhammad Munir Ahmad was working as Divisional Blood Transfusion Officer in the Institute of Blood Transfusion, Punjab, Lahore. The appellant was trans ferred from this institute on the recommendation of the Director of this Institute. His services were placed at the disposal of Director Health Services Punjab, Lahore for further posting him in the field. He was relieved from the said Institute but he did not report for duty to the Director Health Services, Punjab, Lahore and absented himself from duty. Con sequently disciplinary action under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 was initiated against the appellant. After obtaining the approval of the Minister for Health, Punjab, the Director Health Services, Punjab, was designated as "Authorized Officer" who after observing the formalities, recommended the imposition of major penalty on the appellant. As the where about of the appellant were not known a notice under section 8 of the ibid Rules, requiring the appellant to appear before the Secretary to Government of the Punjab. Health Department, was published in the Daily Pakistan Times on 10th June, 1982. Even then, the appellant did not turn up and failed to avail of this opportunity. After obtaining the approval of the Health Minister, Punjab, a penalty of removal from service was imposed on the appellant, vide Government of the Punjab, Health Department Notification No. S. O. (Admn. VI) M.-253/81, dated 24th June, 1982. The appellant made an appeal/ review petition against this order which was rejected, vide Government of the Punjab, Health Department No. S. O. (Admn.-VI) M.-253/81, dated 8th March, 1983. Hence this appeal.
4. We have. heard the parties. The appellant, Dr. Muhammad Munir Ahmad has argued his case himself while the learned District Attorney has argued the case on behalf of the respondent.
5. It has been submitted by the appellant that he was not absent from duty. He has been imposed penalty, as a result of misreporting/misguid ing to the Minister for Health Punjab by the two Section Officers of the Health Department Secretariat, Punjab i. e. Section Officer (Admn. VI) and Section Officer (Admn. II). He was transferred on the recommendation of the Director Blood Transfusion Institute, Lahore. As the recommendation of this Director was malacious and mala fide, he requested the respondent for Court of enquiry but his request was rejected. On this, he had no alternative but to approach the Minister for Health, Punjab, with a representation, while ordered cancellation of his transfer on 16th September, 1981, Health Secretariat took no action on this. He again submitted another representation on 13th October, 1981 to the Minister for Health order dated 13th October, 1981 was passed by him for his appointment against any vacancy in Lahore proper. As still there was no response from the Health Secretariat, he again approached the Minister for Health with another representation dated 18th October, 1981 and Minister for Health, yet passed another order dated 18th October, 1981 for his appointment at Lahore and report to be submitted to him by 1st November, 1981. To his disappointment there was still no positive response from the Health Department, hence, he again represented to the Health Minister on 7th January, 1982 and Minister for Health was kind to pass again an order on his representation "I would like a report on this. He is an old regular selectee. But to his utter disappointment, nothing came out of these orders passed four times by the Minister of Health as Health Secretariat hoodwinked these orders of the Minister on one or other pretext. S. O. (Admn. II) in the Health Secretariat, who was dealing with these representations sent by the Minister for Health, did not keep in picture to the S. O. (Admn. VI) of the Health Secretariat, was dealing with the cases regarding disciplinary actions. Instead of obeying the orders of Minister for Health in transferring him at Lahore, the dealing officers in the Health Secretariat joined hands in an intrigue to ruin his career. It has been submitted by the appellant, that by misreporting and hiding the facts of his case, the Health Secretariat managed to initiate the disciplinary proceeding of wilful absence from duty after obtaining approval from the Health Minister. Consequently, he was removed from service without giving an opportunity to defend himself. He was also not heard in person. The award of the punishment was again got approved from the Minister of Health by keeping him in dark. The appellant has prayed that the punishment awarded to him keeping in view the facts and circumstances explained by him above, is unjustified, unlawful and be quashed.
6. On the other band the learned District Attorney has relied upon the para-wise comments submitted by the respondent and has also produced the record of this case dealt by both the Section Officers of the Health Secretariat as alleged by the appellant above. He has presented before us all the four representations of the appellant with the' orders of Minister for Health. He has shown to us that all these representations were dealt with properly in the Health Secretariat and were referred back to Minister to get his orders/directions. Disciplinary action against the appellant was initiated after obtaining the approval of the Minister for Health. He was also removed from service after obtaining the approval of the Minister. His review petition was also rejected after detail study by the Minister for Health. There is no truth in the apprehensions of the appellant that the Minister of Health was misguided or the facts were misreported to him. The perusal of the record would show that the appellant is telling a big lie to cover his wilful absence from duty. It has been further pointed out by the learned District Attorney, that the appellant wanted to stay at Lahore for his private clinical work and actually, he was not interested in his service. In support of this contention, he has referred to letter dated 13th May, 1981, of Director, Blood Transfusion Institute addressed to the Secretary to Government of the Punjab, Health Department, wherein he was recommended for transfer. Concluding his arguments the learned District Attorney has contended, that the appellant is not a willing worker, he wanted to stay at Lahore for his private clinical work by hook or by crook. He absented himself from duty wilfully, is guilty of misconduct and has been removed from service correctly.
7. We have given our anxious thought to the argument of the parties. We have also perused the documents attached by the appellant with the appeal and the complete record of this case produced by the respondent, very carefully. The stand has been taken by the appellant that he had given four representations to the Minister for Health, Punjab, for his posting at Lahore. The orders were duly passed by the Minister on hat representations but were not acted upon by the Health Department. We have perused the record to satisfy ourselves to verify the above stand taken by the appellant. The personal file of the appellant No. S. O. II/ 21-148/76, maintained by the Health Secretariat, has been studied. Paras. 138 to 144 (not portion) of the file deal with the two representations of the appellant which are reproduced as follows :-
(138) "Dr. Munir Ahmed was working as Blood Transfusion Officer in the Directorate of Blood Transfusion Service, Lahore when the Director report ED about his work and condition complain ing that this doctor was not interested in service in the Blood Transfusion Unit. He joined service on 5th October, 1980 and had been applying for leave too frequently and was not regular in his work as well as in attendance. In this connection report at P-112/C may kindly be seen. On the basis of this report, Dr. Munir was withdrawn from the institute and his services were placed at the disposal of D. H. S., Punjab, Lahore for further posting. This was done in June, 1981. Instead of repor ting to the D. H. S., Punjab, Lahore, the doctor has been put ting in various applications for his posting in Lahore on the basis that he had served the Army."
(139) "On the first application at P.-125/C, Health Minister had been pleased to pass the following orders :-
"May be posted in Lahore against the first vacancy."
On another application at P-131/C., Health Minister has been pleased to order as follows:-
"Please process for appointment in Lahore and report by 1st November, 1981."
(140) "The case of this Doctor for appointment in Lahore was placed before the Health Minister in the two vacancies which occurred in Mayo Hospital, Lahore. One vacancy was in Psychiatry Ward and the other in Urology Ward. Against these two vacancies the Health Minister approved the names of Drs. Imran Sadiq and Sbarina Pal. Offers of appointments to them have been issued. The name of this Doctor has again been put up against another vacancy which occurred in K. E. M. College, Lahore (Demonstrator Pharmacology)."
(141) "The past conduct of Dr. Munir as depicted in para. 138 above has not been satisfactory. For his absence from duty from June, 1981 onward, disciplinary action under E & D Rules, 1975 has been approved by the Health Minister in a separate case and show-cause notice under rule 6 (3) of the said rules have been issued. In view of the history of this Doctor, the case may be placed before the Minister who may like to review his orders passed on the application at P-125 and 131/C.
(Sd.) 26/10
S. O. II
D. S. A.
(142) May apprise H. Was outlined above.
(Sd.) 28-10
D. S. A.
A. S. (A)
(143) He is the victim of his own doings.
Posting back to Lahore is not advisable.
(Sd.) 30/10
A. S. (A)
S. H. (from para. 138)
(Sd.) 1-11-81
S. H.
H. M.
Seen Thank You
(Sd.)
Health Minister.
1-11-81"
S. H.
The remaining two representations of the appellant contained the following orders of the Minister for Health :-
"Reference our telephonic conversation. Please post/appoint Dr. Munir against any vacancy in Lahore proper."
(dated 13th October, 1981)
"I would like a report on this. He is an old regular selectee (dated 7th January, 1982)".
These representations have been dealt at note portions 176 to 194 of the same file as referred to above. Minister for Health also raised the queries at note portion 183 which were replied and dealt at note portion 186 to 194. The complete background and history of the case regarding posting of the appellant at Lahore as ordered by the Minister and the disciplinary action being taken against the appellant was explained by the Health Secretariat. The Minister has finally seen this case on 15th February, 1982, thus. by agreeing with the disciplinary action being against the appel lant and file was closed.
8. We have also perused the other file No. S. 0. (A. VI) M./253-81, maintained in the said Department, dealing with the disciplinary action against the appellant. Para. 13 of note portion reveals that the Minister bad approved on 28th September, 1981 the initiation of disciplinary pro ceedings against the appellant for wilful absence from duty. After comple tion of proceedings as required under the Efficiency and Discipline Rules, 1975, the appellant was removed from service with the prior approval of the Minister, dated 21st June, 1982 (Para. 75 of the note portion). The appellant submitted an appeal/review petition against these orders of his removal from service. The review petition of the appellant was dealt in the Department and was submitted to the Minister for his orders. The Minister, vide para. 96/note portion, on 27th January, 1983 ordered "Secretary Health may send for the officer. May be he has genuine ground". On this Secretary Health heard the appellant in person as follows :--
"We should not accept in-disciplined person. There is no dearth of M. O. available now."
The Minister for Health on 3rd March, 1983 note portion para. 115 agreed with the Secretary Health and the review petition was rejected by the Government.
9. We have also studied the letter dated 13th May, 1981 of the Director Institute of Blood Transfusion, containing the recommendations for transfer of the appellant, addressed to Secretary Health. The relevant para. is reproduced below :--
"From the above it is clear that Dr. Muhammad Munir Ahmad, Divisional Blood Transfusion Officer Lahore during his stay in this Department remained most of the time on leave. He appears to be interested in clinical work and not in Blood Transfusion."
10. We have taken pains to study the record of this case in detail to reach at a definite conclusion. At the time of arguing of this case, the appellant was sore about the functioning of the Health Department and he was impressing upon us all the time that he is victim of intrigues of the Department and he is innocent in the matter. The above analysis of the record shows that the facts and position is otherwise. Rather, he is victim of his own doings. There is no doubt about it that he absented himself wilfully and is guilt of misconduct. Thus he has been punished correctly and no injustice has been done with him.
11. The upshot of above detail discussion of the case is that there is no merit in this appeal which is dismissed as such.
There will be no order as to costs.
M. I. Appeal dismissed.
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