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2009 PLC (C.S.) 310

JAVED IQBAL AWAN vs ZZARAI TARAQIATI BANK LTD. through President and

Citation2009 PLC (C.S.) 310
CourtSindh High Court
Case No.C.P. No,D-801 of 2008
Date2008-11-04
Judge(s)Anwar Zaheer Jamali, Khalid Ali Z. Qazi
ResultPetition allowed

ORDER

' Through this constitutional petition Mr. Javed Iqbal Awan, petitioner in this case has brought his grievance against the respondents before the Court, while praying therein for the following reliefs:- -- "It is, therefore, most respectfully prayed by and on behalf of the petitioner that this Honourable High Court may graciously be pleased to direct the authorities concerned in the respondents/ bank to immediately implement the orders dated 23-2-2006 and 3-12-2007 and release 'all the back-benefits, accrued to him on account of lawful exoneration from the illegal proceedings, namely, arrears of ay/salary/allowances of reduction period, namely, w.e.f, 22-3-2001 to 22-3-2003, pay of disputed leave period w.e.f, 13-5-1999 to 10-6-1999 credited bank's income in A.D.B.P./ZTBL Kashmore Branch, during inquiry proceedings, bonuses accrued during inquiry proceeding in the year 2000/2001. T.A./D.A. For appearing in inquiry proceedings on 12-10-1999, 8 and 9-9-2000 (Two days), 12 and 13-9-2000 (Two days) wherein moved to Kashmore, 26-1-2001 to 29-1-2001, moved to Islamabad for personal hearing, moved to Kashmore for de novo proceedings and move over and arrears of move over due w.e.f, 1-1-2002, with held/deferred for the said illegal proceeding, including, cost, thereof through out."

2. In brief, submission of the petitioner is that he had joined service with the respondent No,1 on 30- 12-1989. However based on charge-sheet dated 4-5-2000, relating to his absence, during departmental proceedings penalty for reduction of one stage in his own pay was awarded to him for a period of two years vide order, dated 22-3-2001. Against such departmental action, he had approached Federal Service Tribunal through Service Appeal No,1606(K)(C.E.) of 2001, who vide its judgment, dated 1-9-2005, set aside the order of the departmental authority and the case was remanded for de ,novo proceedings on the same charge-sheet.

3. After the process of such de novo proceedings, the petitioner was found not guilty of the charges levelled against him, consequently he was absolved and restored vide office memorandum, dated 23-2-2006. Further submission of the petitioner is that for no fault on his part, he has been made to suffer for a long period, therefore, he is entitled for all the reliefs in the form of back-benefits for the said period.

4. In response to the notice of this petition a statement in writing has been submitted on behalf of the respondents accompanied with copies of letters dated 24-10-2008, 28-10-2008 and 29-10- 2008. Referring to these documents, submission of the learned counsel for the respondents is that the petitioner is entitled for back-benefits from the date he was reduced by one stage in his own pay.

5. This being the position, we find that petitioner is entitled for all those benefits, which are covered within the ambit of back-benefits. To this position learned counsel for the respondents has also no cavil. Accordingly, the petition is allowed and disposed of in the terms that the respondents shall allow all such benefits to the petitioner which fall within the ambit of back-benefits.

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