Law:

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Fundamental Rules- R. 54(a)--Service Tribunals Act (LXX of 1973), S. 4-Suspension period--Treatment of--Appellant involved in criminal cases and suspended--Reinstated on acquittal--Criminal Courts s indicating (i) "I have come to the conclusion that the charge against the accused is groundless and the accused are entitled to avail of the provisions of 5.249-A of Cr.P.C.", and (ii) "the prosecution has totally failed" to prove its case beyond reasonable doubt. I, therefore, giving benefit of the same to accused acquit them of all charges"--Suspension period treated as leave of kind due and not as duty on plea that acquittal was not honourable--Service Tribunal on appraisal of s of criminal Courts reaching conclusion that appellant was acquitted honourably and stand taken by respondent Department was erroneous, misconceived and unsustainable--Tribunal, in circumstances, accepting appeal setting aside impugned order of refusal to treat suspension period as duty and directing that appellant shall be allowed pay for suspension period. Appellant in person. Sardar Muhammad Amir Akbar Khan for Respondents. Date of hearing: 1st September, 1985. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--The appellant was suspended from service with effect from 23-6-1982 as Registration Clerk in consequence of his arrest in a criminal case bearing F.I.R. Ho. 58, dated 6-6-1982 of P.S. Mandan, District Bannu. Subsequently, he was involved in another criminal case vide F.I.R. No. 520, dated 4-8-1982 of P.S. Mardan. In the first. mentioned case, he was acquitted of the charge by the Magistrate, First Class, Bannu, vide his judgment, dated 10-5-1983. In the latter case also he was acquitted by the Additional Sessions Judge, Mardan, vide his judgment, dated 16-5-1984. Thereupon, on 3-9-1984, it was ordered by respondent No. 1 that the appellant shall be reinstated in service but the suspension period will be treated as leave of kind due. Feeling aggrieved with the portion of order treating the suspension period as leave of kind due, he preferred a departmental appeal to respondent No. 3 who rejected the same as conveyed to the appellant vide department's letter, dated 19-11-1984. He then…

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