Law:

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Civil service- --- Salary-Legal right of civil servant-Removal from service set aside by civil Court as "illegal and void" with observation that "appellant continued to be in service"-Intervening period subsequently treated by Depar4ment "as having spent on leave of nature due''-Contention that r. 152(b), Sind Civil Service Rules, Vol. J was applicable only in case of "honourable acquittal" and benefits thereof was not permissible to appellant in whose case removal order was set aside because of defective inquiry-Contention of Department rejected and appellant having been held by civil Court to continue in service, held entitled to salary for intervening period Sind Civil Service Rules, Vol. I, r. 152(b). JUDGMENT HAMZO KHAN M. KURBSHI (CHAIRMAN). - The appellant while working as an Assistant in the office of the Commissioner, Kbairpur Division was ordered to be removed from service by the then Commissioner, after a departmental enquiry but before the order could be implemented the appellant filed a civil suit, which was ultimately decreed in his favour. In appeal however, the decree of the Civil fudge was yet aside by the District Court, Khairpur and then the appellant filed second appeal in the High Court which was allowed and the decree of the lower Court was restored. Due to this the appellant was re-instated in service and posted as Assistant in the office of the Deputy Commissioner Khairpur vide order dated 27-12-t 173. According to the procedure laid down in Finance Deptt. letter No. 2371­SR-VI-68 dated 11-1-1969, the sanction of the finance Department was to be obtained through the concerned Administrative Department for the purpose of determining the nature of the period t f suspension or removal from service in case it exceeded one year. Accordingly the Board of Revenue after consulting the Finance Department passed orders under rule 152 (b) of Sind Civil Service Rules Manual, Volume I and vide its order dated 9-5-1974, the said period was ordered to be treated as leave of whatever nature was due to him. It is against this order that the present appeal is directed. The above order appears to have been prompted by the consideration that the appellant's…

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