ROOH-UL-AMIN KHAN, J:- The petitioner is an employee (Driver) in the respondents/department, who was charged in an FIR registered under section 419-420-468-471 PPC Read with section 5(2) Anticorruption Act.
He was granted bail by the august Supreme Court of Pakistan on 3.5.2016. Being involved in a criminal case, the respondents/ department he was put under suspension vide order dated 19.6.2015 and his salary was also reduced to half and till date he is under suspension.
2. Heard. At the very outset, learned counsel for petitioner referred to Rule 6 of Khyber Pakhtunkhwa Government Servants ( Efficiency & Discipline) Rules, 2011 according to which a Government servant against whom action is propose to be initiated under rule 5 may be placed under suspension for a period of ninety days, if in the opinion of the competent authority, suspension is necessary or expedient, and if the period of suspension is not extended for a further period then on the expiry of initial period of suspension, the Government servant shall be deemed to be reinstated.
3. Undisputedly, the petitioner being charged in a criminal case was put under suspension vide order dated 19.6.2015, whereas he was released on bail by the august Supreme Court of Pakistan lateron. However, the suspension period of ninety days was neither extended for further period nor the competent authority has rendered any reason that the suspension is necessary or expedient. On expiry of the initial suspension period viz ninety days, the petitioner has automatically gain reinstatement.
4. Learned counsel for respondents while defending the illegality and irregularity committed by the respondents/department referred to FR 54 and CSR 194-A which read as: " CSR 194-A: A Government Servant who has been charged for a criminal offence or debt and is committed to prison shall be considered as under suspension from the date of his arrest. In case such a Government Servant is not arrested or is released on bail, the competent authority may suspend him, by specific order, if the charge against him is connected with his position as Government Servant or is likely to embarrass him in the discharge of his duties or involve moral turpitude. During suspension period the Government servant shall be entitled to the subsistence grant as admissible under FR 53."
5. No doubt, according to the above quoted provisions a Government servant, charged for a criminal offence, shall be deemed as suspended for the period he spent behind the bars, however after his release or in case of his non arrest the competent authority may suspend him by issuing a specific order, particularly, in the event where there is likelihood of his embarrassment in discharge of his duties as a Government Servant. In case in hand the record divulged that though the petitioner was charged in a criminal case pertaining to civil dispute of inheritance, however he has been granted bail by the august Supreme Court of Pakistan. Though he was put under suspension by the respondents vide order dated 19.6.2015 however, the learned AAG present in Court has conceded the fact that the above mentioned order has never been extended for further period nor the Government has offered any comments that the suspension of petitioner is necessary or expedient or his reinstatement will make any embarrassment for petitioner in the performance of his duties. By now the Government servant being put under suspension on account of any criminal charge are entitled to get full pay during the suspension period. Since the rule 6 of Khyber Pakhtunkhwa Government Servants ( Efficiency & Discipline) Rules, 2011 is clear than crystal on the subject that a person shall not be kept under suspension for an indefinite period and in case of expiry of initial ninety days, if the period was not extended for further time, the government servant shall be deemed to have been reinstated automatically and he shall be entitled to get full pay during the suspension, hence the impugned order is against the rules, which is not sustainable hence, set aside.
6. In view of the above this petition is allowed; the impugned action of the respondents is set aside. The petitioner shall be deemed reinstated in service on expiry of ninety days from the issuance of the notification of his suspension dated 19.6.2015. The petitioner is also entitled to get full pay w.e.f. the date of his suspension, hence the respondents are directed to pay him all the arrears w .e.f 19.6.2015.