' M. SALEEM CHAUDHRY (CHARIMAN).-Mr. S. A. Rashid, the appellant, Assistant Accounts Officer of Deputy Settlement Commissioner was senior to respondents 3 to 6 in the grade of Assistants. On certain allegations he was suspended on 1st Judy, 1967 and remained under suspension till 30th November, 1971. He was acquitted of all the charges by the Special Judge (Central), Lahore. During the period of suspension for other officials who were junior to the appellant were promoted. The appellant on re-instatement was promoted on 12th June, 1973.
The appellant now claims seniority with effect from 8th January, 1968 when an officer junior to him was promoted and desires that the seniority list of Assistant Accounts Officers be set aside and he be granted pro forma promotion.
2. The promotion of the appellant was withheld mainly because of the charges against him. We feel that according to para. 4 (ii) of the Government' s Circular No, SORII (S&GAD) -2-5 dated 13th October, 1973, on promotion after clearance from the enquiry he must be restored to his original seniority vis-a-vis officers junior to him who had in the meanwhile been promoted during the period of his suspension and the enquiry against him.
The seniority of the appellant in the grade of 4 Assistant Accounts Officer will be from 8th January, 1968 the date on which the official junior to him was promoted to the grade of Assistant Accounts Officer.