Law:

Section:

Constitution of Pakistan (1973)Arts. 4, 25 & 199Constitutional petitionEmployee of statutory bodyRemoval of employee for misconductDisciplinary proceedings against employee though initiated were not completedEmployee meanwhile was challaned and put to trial before Special Judge from where he was acquittedEmployee's application for reinstatement was turned down on the ground that although Special Judge had acquitted employee, yet having not directed employer to reinstate him in service, he could not be reinstated in serviceEffectInterpretation of order of Special Judge against which no appeal had been filed by respondent and which had attained finality, as bar against reinstatement of employee appeared to be mala fideAdministrative action based on mala fides was not warranted by lawTo enjoy protection of law and to be treated in accordance with law was inalienable right of every citizen under Art. 4 of the ConstitutionSimilarly all citizens were equal before law and were entitled to equal protection of law under Art. 25 of the ConstitutionPetitioner was reinstated on his post with back benefits. ORDER The case of the petitioner is that he joined the Federal Board: of Intermediate and Secondary Education, Islamabad, in the year 1976 as a Lower Division Clerk. He was promoted as Assistant in 1986. On 1041986, he was suspended on certain allegations and in May, 1986, an Enquiry Committee was constituted and the services of the petitioner were removed on 491986. Meanwhile the matter was taken up by the F.I.A. and the case was registered against the petitioner. He filed an appeal against the termination and the removal from the service on which he was informed that the matter was deferred till the findings of the F.I.A. The prosecution failed to prove the charges framed against the petitioner at the trial before learned Special Judge, Central, Rawalpindi and he was acquitted. No appeal was filed against the acquittal order dated 3061994 of the learned Special Judge,…

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