FEDERAL BOARD OF REVENUE, through Chairman/Secretary, Revenue vs IRSHAD HUSSAIN QAISRANI — 2026 SCMR 1095 SUPREME-COURT

Case information

Citation: 2026 SCMR 1095 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: FEDERAL BOARD OF REVENUE, through Chairman/Secretary, Revenue vs IRSHAD HUSSAIN QAISRANI
Subject matter: Service
Provisions referred to: S. 4---F

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FEDERAL BOARD OF REVENUE, through Chairman/Secretary, Revenue VS IRSHAD HUSSAIN QAISRANI. S.4---Fundamental Rules, R. 53(b)---Constitution of Pakistan, Art.212(3)---Suspension---Salary, allowances and other service benefits, entitlement to---Suspension pending departmental proceedings---Authorities withheld salary and allowances of respondent/civil servant during the period he remained suspended to face departmental proceedings---Service Tribunal directed the authorities to pay salary and allowances for the suspension period---Validity---Suspension is not removal, dismissal or termination from service, rather, it is an interim measure which merely suspends performance of duties while the order of appointment/contract continues to subsist and relationship of employer and employee remains intact---Civil servant continues to hold the post, albeit without performing duties---Once contract of service continues to operate, all rights flowing therefrom, including entitlement to full salary, remain enforceable during suspension period---Suspension does not extinguish the contract, therefore, an employee cannot be deprived of lawful remuneration without express legal sanction---Service Tribunal rightly held that a suspended civil servant was entitled to full salary and other service benefits during the suspension period---Supreme Court declined to interfere with the judgment passed by Service Tribunal---Petition for leave to appeal was dismissed and leave to appeal was refused.

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