Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- --Rr. 5 (1) (i) & 8-A-Forced leave-Treatment of period after finalization of forced leave-Period of forced leave refused to be treated as duty on full pay-Appellate authority in routine manner and without giving sufficient attention and adducing any reason ejecting appeal-Attitude of departmental - authorities disapproved and adversely commented upon by Service Tribunal-Appellant, held, entitled to be treated on duty with full pay for period of forced leave-Reduction to a lower stage in time scale does not amount to reduction in rank-`Pay' and `rank'-Distinct matters-Penalty of reduction in pay by one stage in time scale awarded-Service Tribunals Act (LXX of 1973), S. 4. Appellant in person. Syed M. Shahudul Haque, State Counsel for Respondent. Date of hearing : 2nd March, 1983. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-This appeal has been preferred against an order dated 11-10-1980, passed by the Divisional Superintendent, RMS `R' Division, Rawalpindi, by which the appellant who had been asked to go on forced leave, under rule 5 of the Government Servants (Efficiency and Discipline) Rules, 1973, by order of the Authorised Officer, the appellant was, after decision of the departmental case against him, granted leave for a total number of 254 days from 28-12-1978 to 7-9-1979, and against a subsequent order, passed by the Postmaster-General, Northern Circle, Rawalpindi, on 2-3-1981, by which a representation of the appellant, dated 20-6-1980, against the said order of the Divisional Superintendent was rejected by the Postmaster-General, Northern Circle. 2. The facts of the case are that the appellant was proceeded against for misconduct and sent on forced leave from 28-12-1978, to 7-9-78 by an order dated 30-12-1978, passed by the Divisional Superintendent, RMS `R' Divi­sion, Rawalpindi. Subsequently, the Divisional Superintendent served the appellant with a Memo. of charges on 6-2-1979, on a number of counts. No Inquiry Officer was appointed in the case, but, after examining the relevant documents, with reference to the charges, and taking into consi­deration the defence put up by the official in his…

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