Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 212(3)---Leave to appeal was granted to consider the legality of the consequential order passed by the Federal Service Tribunal, after allowing appeal of civil servant and ordering his reinstatement in service, whereby he was refused the relief of back benefits. (b) Civil Servants Act (LXX1 of 1973)--S. 17---Reinstatement of civil servant without back benefits ---Legality--­Grant of benefits of salary for the period intervening between the order of dismissal and order of reinstatement, being discretionary, same could be refused in appropriate cases---Civil servant was found not guilty of the charge mainly as a result of non-availability of direct evidence because the witnesses who could furnish such evidence, being foreigners, had left the country and could not be examined---Service Tribunal had, thus, sufficient justification for refusal of arrears of salary in exercise of power under S.17, Civil Servants Act, 1973---Civil servant was not entitled to back benefits in circumstances. Pakistan through General Manager, P.W.R. v. Mrs. A.V. Issaecs PLD 1970 SC 415 and Muhammad Tufail v. Divisional Forest Officer and others 1990 SCMR 1708 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.---Leave to appeal in this case was granted in order to consider the legality of the consequential order passed by the Federal Service Tribunal, Islamabad, after allowing the appeal of the appellant, and ordering his reinstatement in service, whereby the appellant was refused the relief of back benefits. At the material time the appellant was in service as an Inspector, Preventive Service, Customs (Grade 13). He was charged-sheeted on 19th February, 1983, on allegations that he had intercepted an Iranian national at the International Departure Lounge and having found foreign and Pakistan currency in his possession, deprived him of Rs.800 and let him go with the rest of the foreign currency. It so happened that the same passenger was intercepted by a Senior Intelligence Officer of the Directorate of Intelligence and Investigation (Customs and Excise) subsequently in the same lounge. The. interrogation of the passenger revealed that the appellant had…

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