The Supreme Court has ruled that government employees who are honourably acquitted of criminal charges are entitled to full salary and service benefits, declaring that the period of absence from duty must be treated as time spent in service, reported 24NewsHD TV channel Monday.
In an eight-page judgment authored by Justice Muhammad Ali Mazhar, the court set aside a decision of the Khyber Pakhtunkhwa Service Tribunal and accepted the appeal of Mian Abdul Saeed, a grade-17 school teacher from Bannu.
The teacher had been dismissed from service after being convicted in a criminal case. However, following his acquittal by the High Court, the department declined to restore his previous benefits despite reinstating him.
The Supreme Court held that the period during which an employee remains out of service after being honourably acquitted should be considered as "time spent on duty" for all service-related purposes.
The court also observed that judicial and criminal proceedings are distinct in nature and may continue simultaneously.
The judgment further stated that dismissing a government employee through disciplinary proceedings without providing an opportunity to respond constitutes a violation of constitutional guarantees of due process.
Allowing the appeal, the Supreme Court directed the relevant authorities to decide within two months on the restoration of the teacher's previous service benefits, including salary and other entitlements.
The court's ruling is expected to have wider implications for government employees who are reinstated after being acquitted in criminal cases.
Reporter: Amanat Gishkori