Case Details

Citation(s)
1980 SLG 1370 1980 SLD 1370 1980 PLC 213
Service Tribunal, Punjab
Appeal No. 84/69 of 1978, decided on 7th August, 1978.
M. SALEEM CHAUDHRY, CHAIRMAN AND KHALID FARUQ, MEMBER

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MUHAMMAD NAWAZ

VS

DEPUTY COMMISSIONER, MULTAN AND OTHERS

Law:

Section:

Civil service---- --- Dismissal--Re-instatement on account of acquittal by criminal Court-Accused convicted by criminal Court under S. 161/109, Penal Code and S. 5(2) of Prevention of Corruption Act, 1947-Dismissal order passed based upon such conviction without formalities of show cause or defence opportunity-Conviction set aside by High Court­ Dismissal order, in circumstances, held, not maintainable-Question that acquittal was for benefit of doubt, held, not relevant for re­instatement but only for salary of intervening period-Conviction set aside by High Court on ground that defence version could not be considered unreasonable-Prosecution case, in circumstances, held, not proved and acquittal deemed as honourable-Official, held, entitled to full salary on re-instatement-.Punjab Service Tribunals Act (IX of 1974), S. 4. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-----In this appeal the appellant is an ex-Junior Clerk who was employed in the copying branch of the office of the Deputy Commissioner, Multan. He is aggrieved of the order passed by the Deputy Commissioner, Multan dated 11-3-1978, in pursuance to the direction received from the Commissioner, Multan Division, dated 16-3-1978, vide which the aforesaid authority directed the appellant to approach this Tribunal to obtain the necessary verdict. The brief facts leading to this appeal are that the appellant was dismissed from service on 15-11-1968, by the order of Deputy Commissioner, Multan as the appellant had suffered a conviction under section 161/109, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947, by the Additional Sessions Judge, Multan and was sentenced to one year's imprisonment. For this reason the appellant was dismissed from service without issuing him charge-sheet, holding any enquiry or issuing any show-cause notice. It appears that the appellant on appeal to the Lahore High Court was acquitted on 23-6-1977 by the order of Mr. Justice Malik Saeed Hassan, (as he then was) and his conviction and sentence was set aside on the ground that the defence version ih the criminal case put forth by the present appellant could not be considered unreasonable. The appellant after his…
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