Law:

Section:

Pakistan Railways Establishment Code, Vol. I--- ---- Rr. 1711 & 2044-Suspension due to Railway servant being arrested or committed to prison pending trial--Provision manda­tory-Grant of full pay for suspension period if such servant acquit­ted-Discretionary power of competent authority-Railway servant not as of right entitled to full pay for such period-Railway servant arrested on charge of theft of articles from railway wagon-Suspen­ded-Claiming full pay after acquittal for suspension period Claim rejected-Grievance petition rejected by Labour Court-­Order of Labour Court upheld by Appellate Tribunal. Sardar Ali Shatti v. Pakistan through General Manager, N. W. R. P L D 1961 Lab. 664 ref. Syed Fosahat Hussain Ri:vi for Appellant. Date of hearing : 2od January, 1983. ORDER This appeal is directed against the decision of the learned VIth Labour Court, given on 23rd November, 1982, dismissing the grievance petition of the appellant workman in which be had claimed full wages for the period of his suspension. 2. The appellant, who was employed in the Railway establishment as Electrical Helper, was suspended from service on account of a criminal case being filed against him by the Watch & Ward Department of the Railway administration in respect of theft of certain article from a railway wagon. The appellants, who was arrested by the police in that case, was placed under suspension. as required by rule 1711 of the Railway Establishment Code. He remained under suspension with effect from 6th February, 1979, up to 22nd October, 1979. Ultimately, he was acquitted by the Criminal Court under section 241. Cr. P. C., vide its order, dated 13th November, 1980. The appellant claimed full wages for the period that he was placed under suspension, but his request was not accepted and instead the suspension period was treated as leave due. Not satisfied with this decision of the competent authority in the Railway administration, the appellant, preferred a grievance petition before the learned Labour Court, which has been dismissed by it, as already indicated. Mr. Easahat Hussain Rizvi, the learned counsel for the appellant submitted that inas­much as the appellant was…

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