Law:

Section:

Pakistan Railways Personnel Manual--- --Art, 11-Suspension---Period - Extendable from 4 months only with due consideration by competent authority-Supension on account of arrest due to criminal charge-Not necessarily to continue till decision by Court-Official arrested but released on bail-Not to remain on suspension necessarily without due consideration by competent authority-Officials arrested under S. 304, Penal Code released on bail ­Kept under suspension over 3 years on contention that suspension was to continue throughout pending trial-Suspension order, in circum­stances, set aside by Labour Court-Industrial Relations Ordinance (XXIII of 1969), S. 25-A.-Penal Code (XLV of 1860), S. 304. Nazeer Hussain for Appellant. Gulzar Ahmad Alvi for Respondent. DECISION The above-cited three appeals have been filed against three separate orders dated, 6th May 1975 of similar contents passed by the learned Junior Labour Court, Multan, whereby the appellant's petitions under section 25-A of the Industrial Relations Ordinance, 1969 were dismissed. The appellant through their petitions preyed for setting aside the order of suspension from service passed against them on 6th August, 1972 in connection with the alleged criminal negligence on their part resulting in the sad incident of collision between 6 Dn. train (Tezrao) and 508 un. Goods Train at Railway Station Liaqatpur on 6th August, 1972. The learned lower Court has formed a view that as the appellant were suspended under the Departmental Rules of Service the criminal case having been pending against them in the criminal Court, the suspension order could not be set aside. Muhammad Kazim and Muhammad Ashiq appellants pointsmen and Muhammad Hussain appellant is Ass1stant Station Master Liaqatpur. All the three officials are under suspension since 6Lh August, 1972 pending criminal trial against them under section 304, P. P. C. in the Court of Ass1stant Commissioner, Liaqatpur. It is urged on behalf of the Railway Department that under Article II of the North Western, Railway (P. W. R,) Personnel Manual a Railway servant once placed under suspension pending trial in a Court of Law cannot be re-instated until judgment is…

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