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Case No. 332/1857 of 1982, decided on 4th December, 1982.

‑‑S. 16‑Civil Servants reinstatement of‑Civil servant, re‑instated in service after dismissal‑Appellate authority while re‑instating civil servant in service, treating period during which he remained dismissed, as leave without pay‑Held, such powers remain with authority setting aside dismissal order‑Service Tribunal not inter fered in appeal.

Haji llfushtaq Ahmad Aqil for Appellant.

Haroonur Rashid Cheema, District Attorney for Respondents.

Fayyaz Hussain has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Inspector‑General of Police. Punjab, Lahore, Deputy Inspector‑General of Police, Multan and Superintendent of Police, Multan, as respondents.

2. By virtue of this appeal he has prayed that the order, dated 26th January, 1981 passed by respondent No. 1 whereby the respondent No. 1 has reinstated the appellant into his service from the date of his dismissal i. e. 25th January, 1978, but has treated his period of absence from service as extraordinary leave without pay, be set aside.

3. Brief facts of the case are that the appellant was dismissed from service by the S. P. Multan and his order of dismissal was upheld by the D. I.‑G. Police, Multan Range. However, he filed an appeal before the Additional I.‑G. P., Punjab, Lahore, who relying on the judgment of acquittal passed in his favour, by the Court of Law, re‑instated the appellant in service, and treated the period during which he remained dismissed, as leave without pay. Hence this appeal.

4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance.

5. After hearing the arguments of the patties the only point which needs adjudication, would be whether the appellate authority could treat, the period during which he remained dismissed, as leave without pay or not This Tribunal has held in a number of cases that under section 16 of the Punjab Civil, Servants Act, 1974, this power remains, with the authority setting aside the impugned order. Section 16 is reproduced below for ready reference:‑

"16. Pay. ‑A civil servant appointed to a post or grade shall be entitled in accordance with the rules to the pay sanctioned for such post or grade

Provided that, when the appointment is made on a current charge basis or by way of additional charge, his pay shall be fixed in the prescribed manner

Provided further that where a civil servant has been dismissed or removed from service or reduced in rank, he shall, in the event of the order of dismissal, removal from service or reduction in rank being set aside, be entitled to such arrears of pay as the authority setting aside the order may determine."

6. In view of the clear language of the section and earlier decision of this Tribunal on this point we do not find any merits in this appeal, which is dismissed. However, there will be no order as to costs.

M.Y.M

Appeal dismissed.

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