Law:

Section:

Fundamental Rules--R. 54---Constitution of Pakistan (1973), Art. 212 (3)---Leave to appeal was granted to consider the contention that expression "honourable acquittal' having not been defined in the Criminal Procedure Code, 1898, it was the function of the departmental authorities Service/Tribunal to determine whether acquittal in a particular case was honourable or otherwise after considering the entire of the Criminal Court and the relevant circumstances and there being conflict of decision authoritative on the point which was of general public importance was required. Syed Kamaluddin Ahmad v. Federal Service Tribunal and others 1992 SCMR 1348; Sardar Ali v. Pakistan through General Manager, N.W.R., Lahore PLD 1961 (W.P.) Lah. 664 and Mian Muhammad Shafa v. Secretary to Government of the Punjab, Population Welfare Programme, Lahore and another 1994 PLC (C.S.) 693 ref. ORDER SALEEM AKHTAR, J: --The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, whereby his appeal against the order of the respondents was dismissed. 2. The petitioner was a Record Keeper in the Registration Office, Karachi and was prosecuted under sections 420, 109, 168, 471, 475, 474 and 411, P.P.C. He was placed under suspension but as the trial Court acquitted him by giving benefit of doubt, he was reinstated in service by order dated 13-4-1993. However, by order dated 13-9-1993 the period of suspension was treated as leave of the kind due to him. His departmental representation to the Director-General did not succeed and, therefore, he filed an appeal to the Secretary, Ministry of Interior on 19-1-1994. As no reply was received he filed appeal before the Tribunal. The Tribunal by the impugned judgment dismissed the appeal. In dismissing the appeal the Tribunal took into consideration the provisions of Fundamental Rule 54 and after quoting the said rule observed as follows:-- "Under proviso (a) ibid, the appellant was entitled to full pay had he been acquitted honourably, but as held above, it was not an honourable acquittal and his acquittal from the criminal case and consequential reinstatement in service, was only on the basis of benefit of doubt,…

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