Law:

Section:

Civil service Punishment of reversion to lower rankCivil servant who had gone abroad on deputation for one year, remained there for about twelve years and due to that unauthorised overstay he was suspended from service and then awarded a punishment of reduction in rankPeriod of stay abroad was duly regularised on his representation and his pension contribution was deposited accordingly, but despite such regularisation, his punishment of reduction in rank was not waived offService/deputation abroad having been regularised by Authority concerned and employee having paid pension contribution accordingly, concept of awarding punishment of reduction in rank to employee had been nullified­Civil servant was reinstated into service in his original rank, in circumstances. 1990 SCMR 1513; 1991 SCMR 209 and PLD 1992 SC 31 ref. JUDGMENT RANA RIFAT SAEED (MEMBER). The learned counsel for the appellant had stated that the appellant, Abdul Rehman Khan, had gone to Saudi Arabia on deputation in July 1976 and remained there till September, 1988. But to his bad luck, the appellant on return had been suspended from service and then awarded with a punishment of reduction to lower rank vide order dated 2441989. He had elaborated that on representation of the appellant, his period of stay abroad had been regularised by the Department from 971977 to 2441989 vide order dated 2041992 and as such the punishment awarded had become meaningless and it should be set aside. The learned counsel had stressed that the -RespondentDepartment while regularising his stay abroad, had referred to a general circular of the Establishment Division dated 2561984, whereby there was no limit of stay/deputation for an official in foreign country, but it was subject to his seniority put on the static list which would only obtain on his return and rejoining the Department otherwise after five years stay in a foreign country, he would not be entitled to seniority and other similar benefits of promotion etc. unless he had joined back the Department in Pakistan. He had submitted that in principle and in general terms he would ague to the terms and conditions as laid down in the Circular of 2561984 and he would…

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