| Citation(s) |
|---|
| 1998 SLG 4000 1998 SLD 4000 = 1998 PLC 1430 |
Civil Appeal No. 568 of 1995, decided on 2nd June, 1998. (On appeal from the N.-W.F.P. Service Tribunal, Peshawar dated 24-8-1994 passed in Appeal No. 202 of 1993).
Present: Saiduzzaman Siddiqui, Raja Afrasiab Khan and Wajihuddin Ahmed, JJ
Abdul Kadir Khattak, Advocate Supreme Court with Muhammad Zahoor Qureshi Azad, Advocate-on-Record for Appellant. Hafiz Awan, Advocate Supreme Court with Muhammad Zahoor Qureshi Azad, Advocate-on-Record (absent) for
Respondents Nos. 1 and 2.
Respondent No. 3: Ex parte Date of hearing: 2nd June, 1998.
Dr. MUHAMMAD ISLAM, INSTRUCTOR, ANIMAL HUSBANDRY IN-SERVICE TRAINING INSTITUTE, DAUDZAI, PESHAWAR DISTRICT
VERSUS
GOVERNMENT OF N.-W.F.P. through Secretary, Food, Agriculture, Livestock and Cooperative Department, Peshawar and 2 others
Law: Criminal Procedure Code (V of 1898)
Section: 497
(a) Fundamental Rules-
---- R. 54---Civil service---Civil servant was involved in a case under S.302/34, P.P.C. for a murder---No evidence could be brought against the accused civil servant on charge of murder, thus, proving that allegations levelled against him were baseless---Acquittal of civil servant from the criminal case---Accused civil servant in case of acquittal was to be considered to have committed no offence because the competent Criminal Court had freed/cleared him from an accusation or charge of crime---Such civil servant, therefore, was entitled to grant of arrears of his pay and allowances in respect of the period he remained under suspension on the basis of murder case against him.