Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- --S.4--Punjab Local Government Ordinance (4I of 1979), S.44--ismissal from service on charge of embezzlement--Only members of Local Council Service and not entire staff of Local Council would be deemed to be civil servants--Appellant serving as a Junior Clerk in Zila Council not being a member of Local Council Service, held, could not be treated as civil servant for purposes of Punjab Service Tribunals Act, 1974--Appeal dismissed as being incompetent. JUDGMENT IHSANUL HAQ CHAUDHRY (CHAIRMAN).--The relevant facts for the decision of the present appeal are that the appellant was serving as Junior Clerk in Zila Council, Faisalabad. He was working in Tax Branch when on 25-5-1975, he was suspended on the allegation of embezzlement. The Respondent No.l after observing due formalities proceeded to dismiss the appellant from service vide order dated 30-11-1976. The appellant challenged the order of his dismissal from service through an appeal before the Commissioner, Sargodha Division. This appeal was dismissed on 1-3-1977 and thereafter filed constitutional petition in the Lahore High Court, Lahore. The same was also dismissed on merits. The Respondent No.l on the one hand had initiated departmental proceeding and on the other hand got a case under section 409, PPC registered against the appellant. However, the appellant was acquitted in that case by the Special Judge, Anti-Corruption vide order dated 16-12-1980. The appellant after arming himself with the order of the Special Judge moved an application for re-instatement before Respondent No.l, which was dismissed on 1-4-1981. The appellant thereafter started second round of litigation and filed appeal before the Commissioner, Faisalabad Division, which was dismissed on 6-6-1981. The appellant submitted representation before Secretary, Local Government and Rural Development Department. His representation was rejected on 1-10-1981. The appellant filed a civil suit. This civil suit was still in progress when the appellant submitted another application for re-instatement and strangely enough the same was accepted and appellant was re-instated in service on 30-7-1983. However,…

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