DECISION ' Mr. Masood Ahmed Khan for the appellant and Mr. Rasheed A. Rizvi -for the respondent present and heard.
2. This Tribunal vide order dated 10-1-1989 had dismissed the appeal filed by the appellant with the following observation: "By consent, the appeal is disposed of as under:-- ' The appeal is dismissed. The appellants may, if they so desire, hold fresh enquiry on the basis of charge-sheet already framed against the respondent. The respondent to continue to remain in service and to receive salary and other benefits till the decision of the fresh enquiry, if any. The amount of back benefits lying with this Tribunal would continue to lie in this Tribunal till the decision of fresh enquiry and further orders of this Tribunal. The Registrar of this Tribunal is directed to invest the amount in Khas Deposit Certificate. The amount and the profit of the Khas Deposit will be paid to the successful party.
' Mr. Iqbal Habib undertakes to deposit the difference of the salary for the period of suspension of the respondent within 15 days."
2-A. Mr. MA. Khan the appellant has moved an application for the release of amount of the back benefits deposited by them as they have accepted the proposal of the respondent not to hold enquiry against him and in which case the respondent would forego the claim for back benefits.
The respondent has filed counter affidavit to the effect that enquiry is being conducted against him.
3. I have carefully gone through the letter of the respondent addressed to the appellant dated 15th February, 1989. In this letter the respondent had put number of conditions to be fulfilled before he foregoes his right for back benefits. Admittedly all the conditions mentioned in this letter have not been fulfilled by the appellant except that they are not holding any enquiry against the respondent which fact is also disputed by the respondent. Be that as it may, the offer made by the respondent was conditional and all the conditions admittedly having been not met with he cannot be said to have foregone his right of receiving back benefits. The appellant has still the right to hold fresh enquiry against him. However, nearly more than 2-1/2 years have passed when the matter was finally disposed of by the Tribunal. Further retention of the amount of back benefits would amount to denial of justice. However the appellants are given chance to hold and complete enquiry if they so desire within three months, otherwise the amount of back benefits would be released' to respondent after due verification.