The appellant has appealed against the order dated 20-6-1993 passed by Solicitor to Government of the Punjab (respondent No, 2) whereby the period from 5-6-1990 to 20-6-1993 was treated as leave without pay on his reinstatement in service with effect from 5-6-1990. The appellant has contended that he was acquitted by the Humble Lahore High Court vide judgment dated 31-3-1993 passed in Criminal Appeal No, 330 of 1990. The appellant had earlier been removed from service on the charge of acceptance of bribery of Rs,1,500. The learned Judge of the Lahore High Court while acquitting the appellant observed that there was nothing on record to establish the guilt of the appellant, that he was carrying the money in question as "Amanat" to return it to the main accused and the learned counsel for the State who appeared before the learned Judge of the Lahore High Court was also of the view that the guilt of the appellant was not established. The appellant has further relied on Government Notification dated 26-9-1993 whereby rule 7.2, C.S.R. Punjab Volume-I, Part I in Chapter 7 was amended to *vide that where the appellant is acquitted honorably full pay is allowed to the civil servant. The learned counsel for the appellant has further relied on the cases cited as 1989 SCM R 1427, PLD 1970 SC 415 and 1976 PLC (C.S.) 107 in support of his contention that in case of honorable acquittal of the civil servant he is to be allowed the full pay and allowances etc.
2. The appeal was contested on the ground that the period from 5-6-1990 to 20-6-1993 was treated as leave without pay because no leave was available on the credit of the appellant. None of the other contentions of the appellant has been controverted. It is quite clear that the appellant was acquitted honourably. The case is, thus, fully covered by the aforementioned notification. The reason given by the respondents for treating the period in question as leave without pay is sufficient to indicate that the respondents really did not intend that the appellant remains without pay during the period in question.
3. In the light of the foregoing, the appeal is allowed, the impugned orders dated 20-6-1993 and 25-9-1993 are set aside and the appellant is declared entitled to all back benefits including full pay and allowances for the period from 5-6-1990 to 20-6-1993.