Law:

Section:

Civil Service--- --------Conviction in criminal case---Misconduct---Removal from service---Scope---Employee was convicted in criminal case and he was removed from service---Contention of employee was that occurrence had been held as a sudden provocation which did not constitute "misconduct"---Validity---Employee was involved in a murder case in which he was sentenced for life imprisonment which was later converted into imprisonment for ten years---Present appellant and deceased were real cousins---Occurrence was an outcome of sudden provocation and it was not a planned or organized murder with any kind of motive---Employee was recruited as PST and by virtue of his persistent performance he was elevated to the level of a Headmaster---Employee had been contributing towards different heads of the government exchequer including his pension, G.P. Fund, group insurance and to deprive him of his financial rights would not be justified in the eyes of law---Employee had compromised with his family members who deserved leniency---Impugned order was set aside and penalty of removal from service was converted into compulsory retirement from service from the date he was removed from service and he was declared entitled to all benefits and pensionary rights admissible under law---Appeal was partially allowed in circumstances. PLD 2011 TC (S)(sic); 2012 SCMR 165 and 2011 SCMR 534 ref. THIS JUDGMENT DELIVERED BY: KHALID MAHMOOD RAMAY, (MEMBER-V).--- Brief facts for filing the instant appeal as narrated are that the appellant was a PTC teacher in 1983 in district Bhakkar and was gradually promoted to the level of SST/ Headmaster in the year 2004. The appellant along with three real brothers was implicated in case FIR No.105/2004 under sections 302/324/34, P.P.C. Resultantly the appellant was suspended w.e.f. 19.04.2004 vide order No.Admn-I/28-05/12348-53 dated 22.06.2006. On 27.01.2005 he was sentenced to imprisonment for life and to pay compensation of Rs.50,000/- to the legal heirs of the deceased by Additional Sessions Judge, Bhakkar. He was issued a show cause notice dated 04.05.2006 by the competent authority and being confined in jail he was not in a position to defend…

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