' Akbar Gul is employed as Line Superintendent WAPDA. He is posted as such, in the office of S. D.
0. (E), Rural No. 1, Mardan. By his order No, 47-49, dated 15-4-1982, the Superintending Engineer, Electricity, WAPDA/ Mardan, the said Akbar Gul has been placed under suspension on account of giving illegal industrial connection to one Mr. Khan Sher of Village Gujrat, District Mardan and accepting of Rs, 450 from Mr. Fazli Qadir of Lowarano Killi Musa Khat for installing light connection without completing required formalities. He was allowed one-half of his pay as subsistence allowance during the suspension period.
2. Mr. Akbar Gul deemed it necessary to question the legality of this order of suspension, by filing a declaratory suit, in Civil Court, Mardan. He also filed an application for suspension of the said order.
His request in this connection was granted by the trial Court but in appeal, not only the said order was set aside but it was further directed that as the jurisdiction of Civil Court does not extend to such claims, therefore, the plaint is to be returned to the appellant to be presented, if so advised, in proper form. The plaintiff-petitioner feeling dissatisfied has called in question this order, by filing the present revision petition.
3. In order to follow the case of the petitioner in its true perspective, it shall be necessary to find an answer to the question "what is suspension." It was considered in some detail in the case, N. Noman v. Dacca Improvement Trust (1). In this case, for the meaning of 'suspension' reference was made to an authority of Indian jurisdiction, Hemanta Kumar Bhattacharjee v. S. N. Mukerjee (2) where the term has been interpreted as follows :- "According to the Oxford Dictionary, "Suspension" means action of debarring or state of being debarred, specially for a time from a function {{FOOTNOTE}}
(1) PLD 1964 Dacca 571 (2) 58 C W N 1 ' or privilege ; temporary deprivation of one's office or position or again, state of being temporarily kept from doing or deprived of something. Similarly to 'suspend' means to debar, usually for a time, from the exercise of a function or a privilege specially to deprive (temporarily) of one's office or again to interdict. 'Suspended' means temporarily deprived or office, position or privilege, or again intermitted. Thus the basic idea underlying the root word 'suspend' and all its derivatives is that a person while holding an office and performing its functions or holding a position or privilege, should be interrupted in doing so and debarred for the time being from further functioning in the office or holding the position or privilege. He is intercepted in the exercise of the functions or his enjoyment of the privilege and put aside, as it `were for a time, excluded during the period from his function or privilege.
"{{BLUR PAGE}}
4. It has been observed in the case of Saifuddin v. Government of West Pak4Ign (i) that :---.,, '"Suspension needs not be ordered in all cases when Et Government servant is chalianed. The criterion should be the same 'as, in the case of depart- . A , , ,, gm,. Mental enquiry; Normally, in Court case it should folrow-Onviction and v,, should be discretionary at other stages."
5. It has been observed in the authority quoted above (PLD' 1964 Dacca 671) that :-- "During the period of interim suspension, the person suspended continues to hold office and is given pay as subsistence allowance during that period, though he is debarred from actually performing the functions of that office. Thus, legally speaking, he remains the holder of the bfilmq office and is not punished in any way till the completion 4-the' enquiry.
1*bio , The punishment if any, is imposed on him only afterlhe completion \A(14.7- of the enquiry and&ithe basis of the ,result.-of the enquirxit It that lauw: view offmatter, an order of suspension, pendifign;departmentnl .-enquify .1131i.c i. ;is not it Punishment". , ,firt.t?) :o or.:
6. ' In- Tellie Of East Pakistan Government v. Iiiiisai0140)*'13,4' thilf that'?111C1"1" " . . I ii;11..n. BGU LP _ on W ' ,..,_. *onWeieduz ;ta ,-voitil 2,k,w sli ,2QiIilgrool `'ine power to order suspension is implicit in. Exeryipontract of service, 'nth .1 I. Wotiiii'reinPorary deprivationef-offi ..-' ' ' `''' '
Iiitiat. In suspension there is no violatic of natural justice as it 41 JTE s :. ,i1x.Bo,...) tr, ,i-,,::11.1) ., ,,t vd apiniFinol "to -mbio When sne.hopEiprdeAUpassed for suspepsionwbatinofagiiikbAnng suspended, is his capacilytcglarfattAttne functions oflhifilAtl d ti, teXeccillev thatiVowers .Which he, jAvionldi I ortherWiScybave enjoyecilaa,stkabb, pa perfstrmAbe duties noopiliy osignedi t9A 004401r,pf that rank and ACAM11100.149 AikaWi.:tis pay foroniY AsuhaistocarAlipWapree paid to hint i-ni , -,n ,,,,41etkecaftiaelocIn case of Atughaff'fidifalaatagi049#41010 fitits4 1! alggatikiS 494 ail lalb8Vkl ..
(14,(3) the petitioner an officer in the employment of the Text BookApardcips-suspended on the, group, tt vhis gpa. Na Begum' a prominent r of the Awami Lea gir tiihq,'Wiis in in Subversive activities matiyis, 41- ment.
1.t,em,3'1,44-fild tkil, .6,Aaptiointing iuLthority had thsitnitism I fp r . (.) Lit ., suspend*" t.. --)-plei 'noi2rte..-..Qpe .,fil 01i, .,,,. '3 2u1 de. . t AT
7. Suspeouukuttbuipcjitioner is evidentOkaido4kenq '130a fore, by reason_ofbenispensjw, does not leic hio office,,,,,,, beii -Ase1910.,ArrineOfiglns.t?; ;cliar4e JiAxPttifi 44 limib A noitoOl Plcli) We IANb3c2 L , , 1-.J:A.) .:9E142YPrial .19*Deuin13820 I 14 W D n (,.) (3) P 1, D 1968 DaccalUoc voQ ci I G J q (j) pendency of the enqairy. In the circumstances, the petitioner would have no cause to challenge his order of suspension. There is being thus no merit In the revision petition against the order of refusal to suspend the enquiry an order of petitioner's suspension.{{BLUR PAGE}} 29V 130 4,.,03iii3e1G-6') quoi)
8. This was one aspect of the case. The other would be to which reference has been made by the learned First Court of Appeal. In view of the full Bench judgment, Mian Amanul Mulk v. N.-W. F. P.
Through Chief Secretary (1) all matters relating to service, fall within the exclusive jurisdictions of the Services Tribunal. In this connection reference can be made to Clause (ii) of section 3 of the Service Tribunals Act, 1973. It reads :- "A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of Civil servants, including disciplinary matters."
9. Finding no miglt in the revision petition, it is dismissed in /44ine, S. A. H. Aothiukkt) s Irf.tAllo;! Ounritie Petition diimissed. wil) 2 of .Zo'v (I) PLD 1981 pesh. To )11r ' . diva fu 7 1, o-fit gmbiod bat ythoiiitys