Law:

Section:

(a) Sind Civil Service Rules Manual, Vo1.I-- ---R. 152(b)--Suspension period--Treatment of--Accused civil servant facing criminal trial placed under suspension--Acquitted by Criminal Court on benefit of doubt due to non-production of prosecution evidence--Refusal to full pay for period of suspension over and above suspension allowance in circumstances, held, justified. (b) Civil service-- -Disciplinary action--Criminal proceedings--Distinction--Proof for conviction in criminal case--Matter entirely detached from question whether any person is fit to be retained in certain position of trust and responsibility--Position of School Teacher in relation to his pupil is a position of trust and confidence-Teacher is like a father and guide and confidence is reposed in him by parents who entrust their child to his care--Confidence once shaken, teacher loses that position and cannot command respect--Teacher developing illicit connection with girl student resulting in pregnancy and ultimate death of girl in process of causing abortion at some clinic--Teacher facing criminal trial but acquitted due to non-production of prosecution witnesses--Record indicative of full involvement of Teacher in attempted abortion--No departmental action, taken-Service Tribunal, in circumstances, suggesting to Departmental authorities to re-examine matter by issuance of show-cause notice under Efficiency and Discipline Rules to determine whether such person should be allowed to continue as School Teacher- Sind Service Tribunals Act (XV 1973), S. 4. Appellant in person. A.A. Mohammadally, A.A:G. for Respondents JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).--The appellant, High School Teacher in Government Boys School No. 1, Korangi, Karachi, has preferred this service appeal to claim arrears of pay for the period of suspension from 6-7 1971 until his re-instatement on 5-9-1983, i.e. the period during which he under went a trial for Criminal Offence under sections 314 and 109, P.P.C. in the Court of Assistant Sessions Judge. Karachi--The case having ended in acquittal. The appellant's friend and colleague, one Muzaffar had a daughter named Tayaba, studying in class 9. The appellant obliged his friend…

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