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Petitioner: Munshi NEMAT ULLAH PATWARI VS Respondent: STATE
1980 P L C (C
1980 P L C (C. S.) 536
[Service Tribunal Punjab]
Present: M. Saleem Chaudhry, Chairman, S. Hafeez‑ur‑Rehman and Zawar Hussain Malik, Members
Munshi NEMAT ULLAH PATWARI
Versus
STATE AND OTHERS
Appeal No. 252 of 1979, decided on 16th March, 1980.
Punjab Service Tribunals Act (IX of 1974)‑
-----S. 4 read with Punjab Civil Servants Act (VIII of 1974), S. 16-- Dismissal on account of misconduct‑Accused found by Service Tribunal guilty of mere irregularity‑Penalty altered to reduction of pay by four stages‑Penalty found sufficient to meet ends of justice Intervening period of being out of service‑Treated as spent on duty with entitlement to salary.
JUDGMENT
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.