Case Details

Citation(s)
1999 SLG 978 1999 SLD 978 1999 PLC 600
Service Tribunal, Punjab
Appeal No. 1271 of 1993, decision dated: 20-02-1998.
MUHAMMAD ASLAM, MEMBER-I

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ABDUL HAMEED, NAIBQASID

VS

SECRETARY, LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and another

Law:

Section:

Civil service------Removal from service---Re-instatement--Full back benefits--­Entitlement---Civil servant was removed from service on charge of acceptance of bribery---Civil servant who, subsequently had been acquitted honourably by Court was reinstated in service, but period of his absence was treated as leave without pay on his re-instatement---Civil servant who was acquitted by Court honourably, was entitled to all back benefits including full pay and allowances for period of his absence from duty---Order treating period of absence of civil servant as leave without pay was set Aside, in circumstances---Civil Service Rules (Punjab) Vol.1, Part 1, Chap.7. 1989 SCMR 1427; PLD 1970 SC 415 and 1976 PLC (C.S.) 107 ref Hasnat Ahmed Khan for Appellant. Kh. Haider Ali, District Attorney for Respondents Date of hearing: 20th February, 1998 JUDGMENT The appellant has appealed against. the order dated 20-6-1993 passed by Solicitor to Government of the Punjab (respondent No. 2) whereby the period from 5-6-1990 to 20-6-1993 was treated as leave without pay on his reinstatement in service with effect from 5-6-1990. The appellant has contended that he was acquitted by the Hon'ble Lahore High Court vide judgment dated 31-3-1993 passed in Criminal Appeal No. 330 of 1990. The appellant had earlier been removed from service on the charge of acceptance of bribery of Rs.1,500. The learned Judge of the Lahore High Court while acquitting the appellant observed that there was nothing on record to establish the guilt of the appellant, that he was carrying the money in question as "Amanat" to return it to the main accused and the learned counsel for the State who appeared before the learned Judge of the Lahore High Court was also of the view that the guilt of the…
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