| Citation(s) |
|---|
| 1994 SLG 607 1994 SLD 607 1994 PLC 227 |
Federal Service Tribunal, Islamabad
Appeal No. 246(L) of 1992, heard on 27-04-1993
MISBAH ULLAH KHAN AND CH. HASAN NAWAZ, MEMBERS
Mian Mahmood Hussain for Appellant. Ch. Ghulam Hasan Gulshan for
Respondents.
Appeal No. 246(L) of 1992, heard on 27-04-1993
MISBAH ULLAH KHAN AND CH. HASAN NAWAZ, MEMBERS
Mian Mahmood Hussain for Appellant. Ch. Ghulam Hasan Gulshan for
Respondents.
MUKHTAR AHMED
VS
THE SUPERINTENDING ENGINEER, MULTAN CIRCLE, WAPDA, MULTAN and another
Law:
Section:
(a) Fundamental Rules R. 54Government Servants (Efficiency and Discipline) Rules, 1973, R.4Civil servantMisconductPenalty of censure and stoppage of three annual increments without future effect was awarded to civil servantCriminal proceedings were also initiated against civil servant which culminated in his acquittal on benefit of doubtCivil servant claiming full emoluments for the period of suspension, which was rejected by the departmentValidityCivil servant, in spite of acquittal from Criminal Court on benefit of doubt, would not be entitled to full emoluments of period of suspensionProvision of Fundamental Rules, R.54, could be attracted to his case only if he had also been exonerated of charge made against him under Disciplinary RulesFor entitlement to full pay, acquittal should not only be in the criminal case but also in the proceedings under Government Servants (Efficiency and Discipline) Rules, 1973. (b) Fundamental Rules... R. 54Government Servants (Efficiency and Discipline) Rules, 1973, R.2(2) & (3)Term' "revising authority" as used i1i R.54, Fundamental Rules Meaning, scope and importTerm "revising authority" would mean "authority" or "authorised officer", as defined in Government Servants (Efficiency and Discipline) Rules, 1973 (under R.2(2) & (3) who can Pass final order on the case and not the authority who can pass an order in appealOrder having been passed by "competent authority" was valid and lawful. Mian Mahmood Hussain for Appellant. Ch. Ghulam Hasan Gulshan for Respondents. Date of hearing: 27th April, 1993. JUDGMENT CH. HASAN NAWAZ (MEMBER).The appellant who is in the respondents' employment as SubDivisional Clerk, remained under suspension for the period from 571982 to 4111982 and then from 5111984 to 1781991 on account of the pendency of a criminal case against him under section 161 of the Pakistan Penal Code read with section 5(2) of the Prevention of Corruption Act,1947. 2. He was, however, acquitted in the criminal case by the Special Judge concerned on benefit of doubt by judgment dated 20111991. After having been so acquitted, he made a representation for an order allowing him full emoluments for the period of suspension.…
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