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DIRECTOR-GENERAL, INTELLIGENCE BUREAU, ISLAMABAD versus MUHAMMAD JAVED


Section 5 Penal Code (XLV of 1860), Articles 302 and 310 Criminal Procedure Code (V9 1898), Section 345 Constitution of Pakistan, Article 212 (3) Rehabilitation of a Government servant exempted from the charge of murder for compromise. ? A government employee was dismissed on payment of compensation after he was absent from duty during the detention period, but the service tribunal allowed the appeal and was reinstated. Authorities submitted that the payment of the deed was equated to punishment for the crime, that the absence of a civil servant was treated as an unauthorized leave, therefore, due to his unlawful absence. No more was available to punish him. The crime was legally compromised and dealt with under which a civil servant was acquitted. In view of his disqualification, the Supreme Court refused to interfere with the decision of the court as he was on his way to reinstatement in the service.

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