' Brief facts of the case are that appellant was dismissed from service vide order dated 19.05.2012 on the allegations of involvement in criminal cases FIR Nos. 7/12 u/S. 161 PP, 5/2/47 PS, ACE Gujrat and 40/12 u/S. 13/20/65 AO, PS Sadar Gujrat, against which appellant filed a departmental appeal which was rejected vided order dated 21.06.2012. Both the above mentioned orders were further assailed through revision petition, which was accepted by provisionally reinstating the appellant into service and with the direction to hold regular inquiry vide order dated 19.02.2015.
2. That in pursuance of order of IGP appellant was reinstated into service and a de-novo inquiry conducted by Additional SP Gujrat, who submitted his report with the recommendations of drop page of inquiry vide inquiry report dated 25.03.2015. But, Respondent No, 1 has given his finding against the record and also against the findings / recommendations of the inquiry office and imposed a penalty of Reduction in Pay by One Stage without specifying the period and at the same time treated the intervening period as without pay vide-order date 3.4.2015. Feeling still aggrieved appellant filed a departmental appeal on 08.06.2015 which has not been decided so far and after the expiry of statutory period he filed instant service appeal.
3. Arguments advanced by parties heard.
4. It is admitted position that in compliance of IGP,s order dated 19.02.2015 a regular inquiry was conducted wherein inquiry officer exonerated the appellant from the charges meaning thereby respondents failed to establish charges against the appellant not only in departmental proceedings but also failed to establish the charges in criminal proceedings, but Respondent No, 1 passed the impugned order against the law and fact by depriving him from back benefits.
According to settled principle of law, where the civil servant is exonerated in the inquiry proceeding and also in criminal proceedings, there left no justification with the department in refusing the grant of back benefits especially in the presence of Rule 7.3 of CSR Volume-I as law laid down by the Hon'ble Supreme Court of Pakistan in its various pronouncements.
' In view of what has been discussed above, the instant appeal is accepted. The penalty of Reduction in pay by One Stage is set aside and the appellant is held entitled to all back benefits for the period he remained out of service. No order as to costs.
(R.A.) .