Law:

Section:

(a) Martial Law (Pending Proceedings) Order (P. O. 14 of 1972)-- Art. 5-Pardon-Civil Servant of Province of Sind convicted of an offence by a Military Court in Punjab-Could be pardoned by Punjab Governor even though sentence of imprisonment served out[Pardon-Civil service]. (b) Martial Law (Pending Proceedings) Order (P. O. 14 of 1972) -- Art. 5-Pardon-Civil Servant of Province of Sind convicted of an offence by a Military Court in Punjab and dismissed from service by Sind Government but granted pardon by Punjab Governor on representation for his re-instatement in service, such representation neither actually asking for pardon nor for remission of sentence already served out-Pardon granted by Punjab Governor, held, did not oblige Sind Governor to restore civil servant to his former position.[Pardon-Civil service]. In his representation to the Governor of Punjab, the appellant did not actually ask for pardon, nor for the remission of his sentence. This was obviously because he had already served his sentence and therefore, nothing remained to be remitted. It is no wonder therefore, that the appellant described his petition to the Punjab Governor as "representation" for his "re-instatement in service from the date of suspension with all the benefits". Hut the prayer conveniently ignored the fact that the appellant had been dismissed from service by the Governor of Sind as an aftermath of the appellant's conviction by the Summary Military Court. It is difficult to see how and upon what principle the order of the Punjab Governor pardoning the appellant could oblige the Governor Sind to restore the appellant to his former position from which he had earlier been removed. The latter is not under the direction of the former. Indeed this explains why the Governor of the Punjab merely pardoned the appellant purporting to be under Article 5 of the Martial Law (Pending Proceedings) Order, 1972 (P. O. 14 of 1972) and made no order as to his restoration to his former office. The question how and under what principle can the pardon granted by the Punjab Governor to a person on the pay roll of the Province of Sind can bind that Province which after the dissolution of the…

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