Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)-- --S.17, proviso (2)--North-West Frontier Province Service 'Tribunals Act (I of 1974), S.4--Fundamental Rules and Supplementary Rules, Vol. l F.R.54--Dismissal of civil servant--Re-instatement by order of Service Tribunal with direction for de novo trial--Claim by civil servant for salary/other benefits during period of dismissal--Entitlement to--In earlier proceedings claim of civil 'servant against her dismissal was not accepted on merits--Inquiry Officer having not followed the relevant rules case was remanded with directions to proceed against civil servant in the light of of Supreme Court (PLD 1981 S C 176)--Such civil servant was not acquitted honourably but following principles laid down by Supreme Court, her appeal was accepted with direction for de novo trial--Civil servant instead of facing de-novo trial resigned from service-.-Such servant, held, was not entitled to emoluments as claimed by her--Application o civil servant for grant of salary/other benefits, during period of dismissal being devoid of merit was dismissed in circumstances. Syed Mir Muhammad v. Government of N.-W.F.P. P L D 1981 S C 176 rel. Qazi Muhammad Anwar for Petitioner. Muhammad Latif Khan, Special Government Pleader for Respondents. JUDGMENT Miss Teresa Dewdat, the petitioner was serving as Charge Nurse in Khyber Teaching Hospital, Peshawar. During the year 1980 when in connection with the death of her colleague in an alleged case of abortion, she was proceeded against under the N.-W.F.P.. (Efficiency a Discipline) Rules, 1973 and in consequence thereof she was dismissed from service. Aggrieved by the said order she approached the Tribunal through an appeal which was decreed in her favour on 6-5-1982. Later on she was transferred from Peshawar to District Headquarter, Hospital, Abbottabad in the same capacity where in the light of the findings of the Tribunal a de novo trial under the Efficiency Discipline Rules, 1973 was initiated against her but in the meanwhile she tendered resignation from service, which was accepted by the respondent Department on 7-7-1983, w.e.f 3-9-1982. In the meanwhile she approached the…

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