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Civil Petition for Special Leave to Appeal No. 586 of 1982, decided on 6th ‑February; 1983.
(On appeal from the judgment and order of the Lahore High Court, dated
5‑5‑1982 in R. S. A. 28/82.
‑‑‑ Art. 212(3) read with Civil Servants Act (LXXI of 1973)‑Leave to appeal‑Granted to consider whether Local Audit Department Rules, 198, should not govern question as to who was "competent authority" and whether civil suit remained competent after enactment of new service laws in 1973‑74 and what is effect of provisions relating to abatement of similar matters.
Federation of Pakistan v. Muhammad Siddiq P L D 1981 S C 249 ref.
Sh. Izharul Haq, Advocate, Supreme Court arid Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing : 6th February, 1983.
‑Leave to appeal is granted in this service matter to consider the following two questions :‑
(a) Whether the Local Audit Departmental Rules, 1958 should not have governed the question as to who was the competent authority; and
(b) Whether the civil suit remained at all competent, after the enactment,, of new service laws in 1973/1974 and what is the effect of provisions relating to abatement of similar matters together with the rule laid down by this Court in Federation of Pakistan v. Muhammad Siddiq; PLD1981SC249.
Order accordingly. Appeal to be prepared on the present record with liberty to the parties to file additional documents, if necessary.
S. Q. Leave granted.
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