enforced through writ jurisdiction. It was held by this Court in the case of Mian Muhammad Hayat v. The Province of West Pakistan — 1964 PLD 321

Citation: 1964 PLD 321

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ABDUL KHALIQ BANGASH vs THE SECRETARY, GOVERNMENT OF WEST JUDGMENT

Headnotes

that the order of suspension is not a penalty and it does not violate any legal right vesting in the suspended officer. The petitioner continues to remain in service in spite of his suspension and if he is ultimately exonerated in the inquiry, he can be re- instated and paid all the arrears of his salary that may be found due to him.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:ABDUL KHALIQ BANGASH vs THE SECRETARY, GOVERNMENT OF WEST JUDGMENT Reported As: 1970 SC M R103 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The petitioner Abdul Khaliq Bangash is aggrieved by the judgment of the High Court of West Pakistan; Peshawar Bench, dismissing his writ petition, whereby he has challenged the legality of a departmental inquiry instituted against him and the order of his suspension from service, pending the inquiry. The facts are as follows:- The petitioner was serving as an Inspector in the Co-operative Department of the Government of West Pakistan. On 19-9-1957, a case under section 409, P. P. C. Was registered against him on allegations of embezzlement of the funds of some of the co--operative societies. Criminal cases as well as a departmental inquiry, were instituted against him and, as a sequel, he was sus--pended from service with effect from the 21st of September 1957. The criminal cases ended in his acquittal. Departmentally, he was served with a charge-sheet by the Deputy Registrar, Co--operative Societies, Peshawar, on the 8th of October 1957. In the inquiry that followed, he was found guilty and dismissed from service by the Registrar of the Co-operative Societies, on the 18th of January 1960. An appeal preferred by him to the Secretary to the Government of West Pakistan, Co-operative Societies, Lahore (respondent No. 1 herein), was accepted…

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