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Petitioner: Syed SIBTE HUSSAIN VS Respondent: DEPUTY COMMANDANT PUNJAB CONSTABULARY FAROOQABAD
2002 P L C (C
2002 P L C (C.S.) 1182
[Punjab Service Tribunal, Lahore]
Before Jawad Ahmed Mufti, Member‑II
Syed SIBTE HUSSAIN
Versus
DEPUTY COMMANDANT PUNJAB CONSTABULARY FAROOQABAD and 2 others
Appeal No. 3302 of 1999, heard on 9th February, 2000.
Civil Service Rules (Punjab) Vol. I, Part I---
‑‑‑R. 7.3‑‑Civil service‑‑‑Dismissal from service‑‑‑Reinstatement‑‑‑Back benefits Entitlement Civil servant was dismissed from service on allegations of charge of tampering with his date of birth and production of false certificate at the time of his retirement‑‑‑Civil servant was acquitted of the charges against him and Service Tribunal ordered re‑instatement‑‑ Authority though re‑instated civil servant in compliance with order of Service Tribunal, but denied the back benefits‑‑‑Civil servant having been acquitted of the charges on basis of which he was dismissed from service, he was entitled to back benefits and arrears of pay and also seniority from the date of his dismissal from service.
PLJ 1997 Tr. C. Service 605; 1997 SCMR 1981 and 1995 PLC (C. S.) 405 ref.
Mrs. Rizwana Anjum Mufti for Appellant.
Date of hearing: 9th February, 2000.
JUDGMENT
This order will dispose of Appeal No.3302 of 1999 filed by Syed Sibte Hussain son of Sher Ali Shah, Constable No.8717/11207, Police Constabulary, Farooqabad, resident of Kalianwala, Police Station Ali Pur Chatha, Tehsil Wazirabad, District Guiranwala against his dismissal on the charge of tampering with his date of birth and production of fake certificate at the time of recruitment as Constable in the Punjab Constabulary. As such after issuing a show‑cause notice, Battalian Commander, Farooqabad dismissed him from service on the above said charges. He filed an appeal before the Commandant, Punjab Constabulary which was also dismissed. The appellant filed an appeal before the Punjab Service Tribunal which was accepted by the learned Member‑I and in view of the judicial proceedings by lithe Sessions Judge in this case whereby no case of tampering was proved against the appellant and Court gave directions to this effect, that it should be decided afresh after holding a proper inquiry against him but nothing was said about the back/consequential benefits of the service to the appellant.
2. The background of this appeal is that the appellant was appointed and posted at Farooqabad when abruptly allegation of fake Middle School Certificate and tampering with the date of birth were levelled against him and cases were registered against the appellant under sections 420, 468 and 471, P. P. C. later aforesaid criminal case was tried by Sessions Judge, Sheikhupura and the judgment was announced whereby appellant was acquitted of the charges.
3. Instead of complying with the judgment of Tribunal in Appeal No.41 of 1995, the competent Authority continued the dismissal of the appellant. It is known fact that the Government Departments, do not have appropriate judicial know‑how and if a decision is taken at the level of the Sessions Judge and Service Tribunal I wonder why the order of the Service Tribunal was not implemented and why the dismissal order of the appellant was issued by the Department. Later, the order of the Tribunal was, however implemented but while re‑instating the appellant, orders regarding back benefits of pay were not mentioned. It is established principle of law and under C.S.R. Punjab Rule 7.3 Part‑I (Vol‑I). (sic) In another letter it has been provided that after Hon'able acquittal of the Civil Servant is entitled P every pay and allowances, which he would otherwise receive as if he was not dismissed/terminated from service.
Reliance is also placed on the following judgments:‑‑
(i) PLJ 1997 (Tr. C. Service) 605.
(ii) 1997 SCMR 1981.
(iii) 1995 PLC (C.S.) 405.
In view of the above, it is ordered that the appellant is entitled to be paid all back benefits and arrears of pay and he should be given his seniority from the date of dismissal. There will be no order as to costs.
H.B.T.I28/P (Sr. Trib.) Appeal accepted.