Case Details

Citation(s)
2011 SLG 1781 2011 SLD 1781 2011 PLC 1003
Service Tribunal, Balochistan
S.A. No.23 of 2007, decision dated: 23rd July, 2010.
MUHAMMAD HASHIM KHAN KAKAR, CHAIRMAN, MUHAMMAD NAEEM GHALZAI, MEMBER-I AND MUHAMMAD ANWAR KHAN-II

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Dr. ABDUL NASEER

VS

GOVERNMENT OF BALOCHISTAN through Secretary, Health Department Dr. ABDUL NASEER vs GOVERNMENT OF BALOCHISTAN through Secretary, Health Department

Law:

Section:

Balochistan Province Removal from Service (Special Powers) Ordinance (III of 2000)-------Ss. 3 & 10---Balochistan Service Tribunals Act (V of 1974), S.4---Removal from service---Appellant was removed from service on the basis of registration of a criminal case against him and the conviction and sentence passed against him, which ultimately was set aside and appellant was honourably acquitted of the charge---Validity---Impugned removal order was not sustainable and the appellant was entitled to be reinstated in service---It was a case of hardship as the appellant had suffered a lot for the wrongs committed by the others---Appellant, in circumstances, was entitled for his pay and other allowances, benefits and facilities during the period he remained under suspension---Appellant, however was not entitled to get salaries of said period on the principle of 'no work no pay'---Order of removal from service was set aside and appellant was directed to be reinstated in service with back benefits from the date of his suspension till date of his reinstatement. 2001 SCMR 269 and 1998 SCMR 1993 ref. W.N. Kholi for Appellant. Naseer Ahmed Bangulzai, A.A.-G. for Respondent Date of hearing:24th June, 2010. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, (CHAIRMAN).--- This appeal under section 4 of the Balochistan Service Tribunals Act, 1974 has been preferred by the appellant against the order dated 14-4-2007 whereby he was dismissed from service. 2. The relevant facts in small compass are that the appellant was appointed as Medical Officer on 23-1-1990 and was initially posted in Civil Hospital, Quetta. Thereafter he was transferred to Helpers Eye Hospital and consequently was transferred and posted as Medical Officer at Basic Health Unit Shinkenr, District Pishin, where he remained working till 17th October 2000. Meanwhile, an F.I.R. No.7/2000 was registered on the report of Medical Superintendent Helpers Eye Hospital, Quetta, with the Anti Corruption Establishment under sections 409, 420, 467, 468, 471/477-A, P.P.C. read with section 5(2) Act of 1947 against Mr. Taj Muhammad Cashier. As per appellant, during the course of investigation of the case, he was also falsely implicated…
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