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Civil Petition for Special Leave to Appeal No.676 of 1984, decided on 9th October, 1984.

‑‑‑Art. 212 (3)‑‑Civil Servants Act (LXXI of 1973), S.13‑‑Compulsory retirement from service‑‑Service. Tribunal directing payment of full pay and allowances for period of suspension on ground that order of suspension was passed without lawful authority‑‑Order having been issued by authorised officer, leave granted to consider inter alia, whether e mistaken view had prevailed with tribunal.

Sh.Maqbool Ahmad, Standing Counsel with Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.

Sh.Munir Ahmed, Advocate Supreme Court for Respondent.

Date of hearing: 9th October, 1984.

.‑‑This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 13‑3‑1984 by which while upholding the order of respondent's compulsory retirement from service, Tribunal directed payment of full pay and allowances,. including increments, to respondent for the entire period he remained under suspension for the reason that the order of suspension from service passed by the Auditor‑General was without lawful authority.

Shaikh Maqbool Ahmed, learned Standing Counsel appearing in support of the petition has produced before us a copy of the order of respondent's suspension from service issued under letter No.207‑Dy(E)/ 5‑77, dated 28‑5‑1977 in support of the submission that the Federal Tribunal has failed to notice that the order of suspension was issued by the Auditor‑General (Authorised Officer) with the approval of the "Authority", namely, the President of Pakistan, and unfortunately a mistaken view has prevailed with the Tribunal.

This submission, amongst others, deserves consideration. We therefore grant leave and allow the petition.

Appeal will be heard at an early date on the present record, but it is open to the parties to file additional documents.

The operation of the impugned portion of the order of the Tribunal is suspended, provided respondent is paid one‑half portion of the salary due to him.

M. I. Leave granted.

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