Ch. MUHAMMAD SAEED Versus

M. SALEEM CHAUDHRY (CHAIRMAN). ‑In this case the appellant an ex‑Forest Ranger was compulsorily retired from service on 6th November, 1972 by the Chief Conservator of Forest, Multan, on the charges of wrong preparation of Muster Rolls in March, 1969 while working as Forest Ranger in the Nilibar Forest Division, Sahiwal. The order of retirement was set aside on 25th November, 1972 with the direction that a fresh de nevo enquiry be held. The appellant joined duty on 28th November, 1975. As a result of new enquiry, the appellant was exonerated on 31st December, 1977 by the order of the Divisional Forest Officer, Muzaffargarh. But it was directed that the period of absence of the appellant from duty till his re‑instatement may be treated as leave of the kind due to the appellant.

2. Consequently the leave on half pay from 6th March, 1973 to 6th August, 1974 and without pay for the period from 7th August, 1974 to 27th November, 1975 was sanctioned to the appellant.

3. The contention of the appellant before us is that since he has been acquitted honourably, therefore he was entitled to be treated on duty. According to the appellant neither rule 7. 3 of the C. S. R, (Pb.) Volume I, Part. I, nor section 16 of the Punjab Civil Servants Act deprived him of the salary due to him.

4. We have heard the parties. The Department has nothing to controvert the above contentions of the appellant. We accordingly accept this appeal and direct that the appellant is entitled to be treated on duty for the period from 6th March, 1973 to 27th November, 1975 with all consequential benefits including pay.

Appeal accepted.