Law:

Section:

Civil Service Regulation- -- Arts. 194 & 194-A read with Government Servants (Efficiency and Discipline) Rules, 1973, r. 5 (1)-Suspension-Civil ser­vant involved in criminal case of defalcation of funds committed to prison and later enlarged on bail-Remained under suspension and filing joining report on plea that period of suspension had expired­-Not allowed to resume duty and suspension period extended sub­sequently-Contention that order for extension of suspension period could not be given retrospective effect--Proceedings set in motion prior to enforcement of Government Servants (Efficiency and Discip­line) Rules, 1973-Suspension resorted to under Art. 194, C. S. R Accused in circumstances, held, stood suspended automatically under Art. 194, C. S. R. and proceedings under Efficiency and Discipline Rules Having not yet been started reference to r. 5(1) thereof, held, not relevant-Accused having been enlarged on bail competent authority, held, should issue suspension order under Art. 194-A of C. S. R. effective from date of bail to complete technical formality. Masud Ahmed Riaz for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing : 27th September, 1983. JUDGMENT ABDUR RASHID (MEMBER).-Facts of the case, briefly, are that the appellant was involved in a case of defalcation of funds. He was committed to the prison but later on enlarged on bail. His case is awaiting adjudication before Anti-Corruption Judge. 2. He was under suspension upto 20th September, 1980. On 21st September, 1980, he filed a joining report on the plea that his period of suspension having expired, he was entitled to resume duty for which he sought appropriate orders. Thereafter, the office order dated 30th September, 1980 was issued by the Assistant Director (Administration), Central Directorate of National Savings, Islamabad, whereby the period of suspension of the appellant was extended from 21st September, 1980 to 20th December, 1980. 3. The appellant preferred a departmental appeal on 12th October, 1980 against the impugned order of his extension of suspension period dated 30th September, 1980. He received no reply whereafter he preferred his present appeal before the…

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