1988 PLC(CS) 567

ORDER

MUNAWAR ALI KHAN (CHAIRMAN).‑‑ Heard arguments of the learned counsel for the parties. They have consented to the following order:

1. That the appellant was suspended with effect from 31st March, 1982 as a result of institution of two criminal cases against him: one under section 307, P.P.C. and another under section 13‑D, Arms Ordinance.

2. That the case a/s 307 was withdrawn and the appellant was acquitted and in the case a/s 13‑D, Arms Ordinance the prosecution failed to prove the recovery of the unlicensed arms and ammunition from the house of the appellant and as such in that case too, the appellant was acquitted.

3. That in view of the position stated above, the case of the appellant is covered by clause (a) of Rule 152 of Sind Civil Service Rules and consequently appellant is entitled to full emoluments for the period of his suspension.

4. That the learned A.A.‑G. has alleged that the appellant remained absent from duty right from date on which he was released on bail (dated 16‑5‑1982) to 2‑11‑1984 but he conceded that no departmental inquiry has been held against the appellant nor any such finding about his absence for the said period has been recorded in any such inquiry.

5. That in the circumstances of the case, the impugned order No. ADMN‑ 11(3)554‑56/85‑1986, dated 14‑7‑1985 is set aside. The departmental authorities if so desired, will be at liberty to institute departmental inquiry under Sind Civil Servants (Efficiency and Discipline) Rules 1973 for determining the fact of the appellant's absence for the alleged period.

A.E./83/Sr.T Order accordingly.