ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D- 485 of 2007

DATE                             ORDER WITH SIGNATURE OF JUDGE

                        For Katcha Peshi.

08.12.2009

Syed Muhammad Saulat Rizvi, Advocate for the Petitioner.

Mr. Allah Bachayo Soomro, Additional A.G a/w Nawaz Ali Domki, T.M.O, Shaheed Benazirabad.

                                                =

                        The grievance of the Petitioner is that he was acquitted by the Special Judge, Anti Corruption Sukkur on the charge of corruption inter alia on the ground that Court has extended benefit of doubt. The Department has treated this acquittal as not Honourable acquittal and therefore, this order is impugned in these proceedings.

                        We have inquired from the learned Additional A.G to satisfy this Court that such an order can be passed by the Department interpreting the judgment of a Court. He could not persuade us.

                        We accordingly, hold that once a person is acquitted then no prefix or suffix can be used with word acquittal to deny him the benefit. If the Department was aggrieved, it could have preferred an appeal against the acquittal of the Petitioner. We, accordingly, hold that this order of the Department dated 16.8.2004 is not lawful. The Petitioner in law is required to attend the office during suspension period and if he has not attended the office, he is not entitled for salary.

                        The Petition stands disposed of in the above terms.

                                                                             JUDGE

                                      JUDGE