Law: Civil Servants Act, 1973

Section:

Civil Servants Act, 1973 (LXXI of 1973)-- ----Civil Services Act, 1973--Appeal before Federal Service Tribunal--Suspension is not removal, dismissal or termination form service--Medical Board for examination--Contract of service--Withholding of salary--Suspended civil servant is entitled to full salary-- Respondent No. 1 was employed as Senior Clerk/Inspector, and on account of illness, applied for retirement having completed more than 31 years of qualifying service--He appeared before a Medical Board for examination--The Board opined that Respondent No. 1 was suffering from multiple diseases and declared him unfit for further service--Thereafter, following an inquiry, he was compulsorily retired from service--Period of his suspension be treated as extraordinary leave without pay, and pay and allowances paid to him during period from 06.11.2023 till imposition of major penalty be recovered from him--His departmental appeal remained unaddressed--Appeal before Federal Service Tribunal was partly allowed--Order of departmental authority was modified--Suspension is not removal, dismissal or termination form service--Rather, it is an interim measure--Once contract of service continues to operate, all rights flowing therefrom, including entitlement to full salary, remain enforceable during suspension period--When Government issued an appointment order, it enters into a binding contract of service with employee--Any unilateral withholding of salary, without authority of law, is inconsistent with terms and conditions of such appointment--Allah, Almighty, commands justice and forbids oppression, as ordained in Holy Quran (16-90)--Similarly, Holy Quran unequivocally prohibits unlawful deprivation of property and lawful earnings, declaring that people should not devour one another’s wealth (2.188) and should not withhold from others that which is rightfully theirs (11.85)--Islam mandates fulfillment of contracts, protection of lawful earnings, and prohibition of exploitation and unjust deprivations--Civil Servant would be entitled to full salary after adjusting subsistence allowance already paid during such period of suspension--Tribunal had rightly held that a…