Law:

Section:

Constitution of Pakistan (1973)--Art. 212---Civil service---Suspension---Arrears of pay relating to suspension. period---Entitlement to---Civil servant who was involved in murder case and was convicted and sentenced by Trial Court, was acquitted of murder charge by High Court in appeal---Civil servant, who after his acquittal was re-instated in service, prayed for arrears of pay relating to his suspension period, but his prayer was turned down by Authority on ground that civil servant was not entitled to arrears as he was not honourably acquitted, but was given benefit of doubt---Validity---Acquittal of civil servant, even if based on benefit of doubt, was honourable---Acquittal of civil servant, even based on benefit of doubt, could not become a hurdle in payment of arrears of pay to civil servant regarding his suspension period provided he had not been found to be gainfully employed during suspension period. Mian Muhammad Shafa v. Secretary to Government of the Punjab, Population Welfare Programme, Lahore and another 1994 PLC (C.S.) 693. Government of Pakistan through the Secretary, P.W.D. (Irrigation Branch). Lahore v. Mian Muhammad Hayat PLD 1976 SC 202; Dr. Muhammad Islam v. Government of N.-W.F.P. 1998 PLC 1430 and Malik Azharul Haq v. Director of Food, Punjab, Lahore and another 1991 SCMR 209 ref. Abdul Aziz Kundi, Advocate Supreme Court for Appellant. Ejaz Muhammad Khan, Additional Advocate-General, N.-W.F.P. with Haji M.A. Qayyum Mazhar, Advocate-on-Record for Respondents. Date of hearing: 11th March, 1999. JUDGMENT RAJA AFRASIAB KHAN, J.---On 9-2-1965, the appellant, Muhammad Iqbal Zaman was appointed as Patwari in Irrigation Department. In lieu of good performance, he was promoted as Vernacular Clerk. In 1985, he was involved in a murder case vide F.I.R. No.160, dated 19-7-1985, Police Station Miryan, Bannu, and in consequence thereof ,gin 10-11-1985, he was suspended from service by the respondent No.l. An Additional Sessions Judge, Bannu vide his judgment, dated 22-8-1989 convicted and sentenced the appellant to imprisonment for life in the above said murder case. On appeal, the Peshawar High Court, Circuit Bench D.I. Khan vide its judgment, dated…

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