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Civil service-------- ---Disciplinary action based upon criminal offence--Accused (appellant) facing criminal trial and disciplinary action simultaneously and dismissed from service by following show-cause notice procedure--Criminal Court acquitting accused under S. 249-A of Criminal Procedure Code, 1898 for, want of evidence--Departmental appellate authority treating acquittal not as honourable dismissing appeal--Impugned dismissal order, in circumstances, set aside by Service Tribunal re-instating appellant with direction to treat intervening period as leave extra ordinary without pay--Punjab Service Tribunals Act (IX of 1974), S. 4. Muhammad Sardar Khan v. Senior Member (Establishment), Board of Revenue, Punjab, Lahore 1985 S C M R 1062 rel. Masud Ahmad Riaz for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT Abdul Razzaq, ex-Constable No. 2466 of Faisalabad District has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Superintendent of Police, Faisalabad and D.I.-G. Police, Faisalabad Range, Faisalabad as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned orders dated 8-5-1984 and 9-2-1985 be set aside. It has also been prayed that the appellant be re-instated in service with full back benefits of pay, allowances, etc. 3. Brief facts of the case are that on 7-3-1984 appellant while posted as Constable at P.S. Gulberg, Faisalabad went to Chak Jhumra and alongwith his co-accused Javed Iqbal also a constable, deprived Tariq Javed a student of his pair of new shoes and Rs.1,050 in cash. Case F.I.R. No.88 dated 7-3-1984 under section 382, P.P.C. was registered against them at P.S. Chak Jhumra on the report of Tariq Javed, The appellant and his co-accused secured their pre-arrest bail from Session Court, which was rejected on 21-3-1984 and they were arrested. After completion of investigation they were challaned in the case. The appellant and his co-accused were tried by the Ilaqa Magistrate and acquitted on 25-9-1984 under section 249-A, Cr.P.C. However, departmental proceeding under Punjab Police (E & D) Rules, 1975 by ,ay of General…

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