Law:

Section:

Civil service Removal from serviceReinstatementEmployee after his removal was reinstated on his post, but period during which he remained out of service, was ordered to be treated as leave without pay and employee had challenged that orderEmployee was removed from service on allegation of absence from' duty and he was not absolved of that allegation but was reinstated on his post because of fact that Authority had not followed relevant rules of procedure for removing him from serviceAppellate Authority below allowed appeal of employee purely on legal grounds and ordered Authority concerned to initiate fresh proceedings against employee under rulesDepartmental inquiry being still pending against employee appeal against order of Authorities below could not be allowed unless departmental inquiry initiated against employee was completed and finalisedQuestion of pay of employee for period he remained out of service, would be determined by Authority after inquiry report was submitted to it for his orders. JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN)This is an appeal by Muhammad Jahangeer Khan Ward Boy, District Headquarter Hospital, Kotli against the order dated 1561991 made by Director,. Health Services by which on appeal brought before him, the appellant was reinstated on his post but the period during which he remained out of service w.e.f. 2671990 till 1561991 was ordered to be treated as leave without pay. The appellant impugns above order of Director, Health Services on the following grounds before this Tribunal: (a) that after having accepted the contention of the appellant that his removal from service had taken place without following the relevant procedure prescribed by the Azad Jammu and Kashmir Efficiency and Discipline Rules, 1977, the Director, Health Services has illegally rejected a part of his appeal regarding payment of his salary for the period he remained out of service because of illegal order of his discharge issued by the Office of Medical Superintendent, District Headquarter Hospital, Kotli; . (b) that the impugned order is illegal for the reasons that no showcause notice was issued to the appellant nor any inquiry under Efficiency and…

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