ABDUL QADEER CHAUDHRY, J.---The respondent was appointed as Superintendent at the Examination Centre, Charsadda. During the examination, photo stat copies of Question Paper of English `B' were recovered from some persons in Mardan, and consequently, an F.I.R. Was registered. The respondent was arrested and tried in a Military Summary Court. He was convicted and sentenced to one year R.I., fine of Rs.50,000 or in default to suffer further R.I. For nine months and also 15 lashes in public. It was also directed that departmental action should also be taken against the respondent. As a result of departmental action, the respondent was dismissed from service with effect from 3-11-1983. The respondent filed mercy petitions on various occasions. The fine was remitted on three occasions and so also the punishment of lashes. Ultimately, on 8-9-1985 he was pardoned but it was made clear in the order that pardon does not restore convict person to public office. The respondent's Constitution petition was dismissed. However, the Service Tribunal allowed his appeal and directed that the respondent be reinstated in service. The Government being aggrieved has filed this petition.
2. The learned Advocate-General has submitted that the respondent's services were already dispensed with from 3-11-1983 and the pardon order clearly stipulates that the respondent would not be restored to service. His conviction was not set aside and pardon does not amount to acquittal of the respondent, therefore, the order of the Service Tribunal is not sustainable. Reliance has been placed on Rule 8 of the N.-W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973. It is submitted that no inquiry was necessary in the given circumstances.
Leave is granted.