Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 3 & 10---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Reinstatement---Appeal---Appellant, who was dismissed from service filed departmental appeal and Appellate Authority modified the punishment of dismissal from service into 'censure'---Intervening period from the date of dismissal to the date of reinstatement was treated as extraordinary leave without pay---Appellant filed appeal to Service Tribunal praying for treatment of the intervening period as on duty, with all consequential back benefits---Validity---By converting the major punishment of dismissal from service into minor punishment of "censure" Authorities had already awarded the penalty considered appropriate in the case--- If the intervening period from the date of dismissal to the date of reinstatement was allowed to be treated as extraordinary leave without pay, it would amount to imposition of another punishment---Treating the intervening period in the above manner would amount to forfeiture of service which would be another kind of punishment to the appellant---Accepting appeal, it was directed by the Service Tribunal that the intervening period from the date of dismissal to the date of reinstatement of the appellant, would be treated as leave of the kind due, if available in the leave account of the appellant. Khadim Hussain Khokhar for Appellant. Manzoor Hussain Bhatti, District Attorney. Muhammad Aslam, Assistant on behalf of Respondent No.1. Date of hearing: 19th June, 2007. JUDGMENT JEHAN ZAIB BURKI (MEMBER-IV).--- The appellant was dismissed from service vide order, dated 25-1-2005. After exhausting departmental remedy, he filed Appeal No.1832 of 2005 before the Punjab Service Tribunal. Vide its' judgment, dated 19-12-2005, the case was remanded to the respondents for taking a fresh decision. The respondents vide their order, dated 20-6-2006 modified the punishment of dismissal from service into a "Censure". Moreover, the intervening period from the date of dismissal to the date of reinstatement was treated as extraordinary leave (without pay). The instant appeal was filed praying…

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