Law:

Section:

(a) Constitution of Pakistan (1973)---- ----Art. 212(3)---Fundamental. Rules, F.R.' No.54(b)---Leave to appeal was granted by Supreme Court to consider if F.R. No.54(b) already having been declared as repugnant to Injunctions of Islam as per judgment of Supreme Court reported as Dr. Muhammad Islam, Instructor, Animal Husbandry In-­Service Training Institute, Daudzai, Peshawar District v. Government of N.­W.F.P. (1998 PLC (C.S.) 1430) could be invoked. Dr. Muhammad Islam, Instructor, Animal Husbandry In-service Training Institute Daudzai, Peshawar District of N.-W.F.P. (1998 PLC (C.S.) 1430 ref. (b) Fundamental Rules---- -----F.R. 54(b)---Pay and allowances, grant of---Period of absence from duty- --Entitlement of reinstated civil servant---Scope---Authority under the provision of F.R.54(b) of Fundamental Rules may withhold part of allowance and pay of a Government servant on his reinstatement---Rule 54(b) could be invoked by the Departmental Authority in appropriate cases--­Where the civil servant is not honourably acquitted and his case is not covered by F.R.54(a) of Fundamental Rules, Revising or Appellate Authority may under the provision of F.R.54(b) of Fundamental Rules, still grant to the civil servant for the period of his absence from duty such portion of such pay and allowances as the Authority deems fit---Normally the period of absence from duty in a case covered by F.R. 54(b) of Fundamental Rules is not to be treated as period spent on duty, but in deserving cases, the Revising/Appellate Authority can direct so. (c) Criminal trial--- ----Acquittal---All acquittals are "honourable" and there can be no acquittal which can be termed as "dishonourable". Dr. Muhammad Islam, Instructor, Animal Husbandry In-service Training Institute Daudzai, Peshawar District of N.-W.F.P. (1998 PLC (C. S.) 1430 ref. (d) Fundamental Rules--- ---- F.R. 54---Pay and allowance for period of suspension---Acquittal of civil servant from criminal case---Civil servant was reinstated in service after acquittal from a criminal case---Payment of subsistence allowance only to the civil servant---Validity---Where the criminal charges were not established before a competent Court of law…

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