Pakistan Case LawABDUR REHMAN Versus THE CHIEF ENGINEER, SARGODHA ELECTRICITY, SARGODHA
The petitioner, an employee of the Water and Power Development Authority serving as a Line Superintendent, was caught accepting a bribe and subsequently convicted by a Special Judge. Upon appeal, the High Court acquitted him due to lack of satisfactory corroboration, leading to his reinstatement in service. However, the Authority denied him full pay and allowances for the suspension period, and his subsequent appeal to the Service Tribunal was dismissed on the finding that his acquittal was not honourable. Seeking leave to appeal, the core legal question before the Supreme Court was whether an employee acquitted on technical grounds rather than honourably is entitled to full back benefits for the period of suspension. The Supreme Court held that the Service Tribunal's finding that the acquittal was not honourable was sound, and therefore upheld the denial of full pay and allowances. The key principle laid down is that an employee whose acquittal is not honourable is not automatically entitled to full benefits of pay and allowances for the period spent under suspension.
- Is an employee entitled to full pay and allowances for the period of suspension upon acquittal?
- Does an acquittal lacking honourable circumstances disentitle a public servant from claiming full back benefits?
- Can the Service Tribunal uphold the denial of suspension benefits based on a finding that an acquittal was not honourable?
ORDER
SAAD SAOOD JAN, J.-- The petitioner was an employee of the Water and Power Development Authority and was serving at the relevant time as Line Superintendent in Gujrat. He was caught red-handed by a raiding party while accepting a bribe of Rs,200. He was suspended from service consequent upon the registration of a criminal case against him. He was convicted by the Special Judge A (Central) Lahore. He preferred an appeal which was accepted by the High Court mainly on the ground that satisfactory corroboration was not available. Consequent upon his acquittal he was reinstated in service. However, he was denied by the Authority the full benefits of pay and allowances for the period he remained under suspension. He filed an appeal before the Service Tribunal but that failed. He now seeks leave to appeal from this Court.
2.We have heard the learned counsel and also seen the judgment of the learned Tribunal. The learned Tribunal has recorded a finding that the petitioner's acquittal was not honourable. That being so, its decision to uphold the order of the Authority does not suffer from any infirmity. This petition is accordingly dismissed.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Ali Hussain Qazilbash1,059 judgments