Munshi NEMAT ULLAH PATWARI Versus STATE

M. SALEEM CHAUDHRY (CHAIRMAN).‑ The appellant has moved era application dated 7‑2‑1980 for a clarification as to the entitlement of his salary.

2. We find that section 16 of the Punjab Civil Servants Act which relates to the terms and conditions of service of civil servants, lays down that the authority setting aside the order of dismissal or removal from service is required to determine the arrears of pay to which the civil servant concerned shall be entitled to draw. In this case, we have held that the appellant was guilty of mere irregularity for which he has already been punished by reducing his salary by four stages. In over view the aforesaid punishment is sufficient to meet the ends of justice.

3. As already held by us in Appeal No. 8/105 of 1975 In re : Shahbaz Cheema N. Commissioner, Sargodha, the appellant is entitled to be treated on duty for the period he remained out of service. We accordingly direct that the appellant is entitled to the salary admissible to him.

Appeal allowed.