1988 PLP 924 (SCMR)

ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal from the order of the Federal Service Tribunal, dated 9‑5‑1987, whereby the appeal of the petitioner was dismissed.

2. The facts are that Muhammad Nawaz Ghuman petitioner while serving in the Office of the Local Audit Officer (Army) was awarded a penalty of withholding his next increment for two years as a result of disciplinary action taken against him by the Authorised Officer, vide his order dated 3‑5‑1978, under the Government Servants (Efficiency and Discipline) Rules, 1973. Thereafter, the Authority summoned the record under rule 6‑A of the said Rules and reviewing the punishment enhanced the same, vide its order dated 28‑2‑1979, and ordered the recovery of a sum of Rs.5,000 from the petitioner and his compulsory retirement from service. The petitioner then approached the Federal Service Tribunal which disposed of the appeal through its judgment dated 12‑10‑1982 by holding: "In the result the appeal is disposed of in terms that the order of the authority dated 28‑2‑1979 is set aside and the order of the Authorised Officer dated 3‑5‑1978 is modified to the extent that the penalty of withholding annual increment for two years without cumulative effect shall stand imposed on the appellant for misconduct committed by him by abetting the unlawful and illegitimate attempt to cover the deficiencies of rice in ration store. Since, however, the order of the Authority stands set aside, the appellant shall be re‑instated into service with all the consequential benefits." Thereafter, the petitioner applied for the release of his pay, and allowances for periods 13‑8‑1977 to 27‑2‑1979 during which he was under suspension and of his retirement from 28‑2‑1979 to 17‑5‑1983. It was on 19‑1‑1984 when the C.M.A.. ordered the. Authority of the M.A.G. that the petitioner would be entitled to 50$ of his pay as already allowed to him as subsistence allowance during his suspension and on 5‑2‑1985 another letter was issued to the authority of the ministry of Finance allowing the petitioner 50% of his pay and allowances for the subsequent period of 28‑2‑1979 to 17‑5‑1983. The above payment was objected to by the petitioner who submitted a number of representations but with no result. The petitioner then submitted an appeal before the Service Tribunal, which has been dismissed through the impugned order.

3. We have heard the learned counsel for the petitioner. He submitted that the Federal Service .Tribunal vide its order dated 12‑10‑1982 had set aside the order of the Authority dated 28‑2‑1979 and restored that of the Authorised Officer dated 3‑5‑1978, whereby only annual increment for two years had been withheld and that too without cumulative effect; and that the petitioner was ordered to be re‑instated into service with all the consequential benefits. In view of 'this unambiguous order, he complains, the departmental authority has acted illegally in withholding 50% of the salary and allowances 'of the petitioner which on his re‑instatement in service has accrued to him. The withholding of a part of the pay and allowances of the petitioner, he submitted, is in clear violation of the order of the Service Tribunal.

4. The arguments advanced in the light of the order of the Federal Service Tribunal, dated 12‑10‑1982, need consideration inasmuch as once the petitioner was ordered to be re‑instated with all the consequential benefits he has become entitled to receive full pay and allowances during the period of his suspension and while out of service.

5. Leave is, therefore, granted. M. I. /M‑382/S Leave granted.