GOVERNMENT OF PAKISTAN And Others vs Kh. IMTIAZ MUHAMMAD
This petition for leave to appeal challenges a judgment of the Federal Service Tribunal, which, while upholding the compulsory retirement of the respondent, ordered the payment of full pay and allowances for the period of his suspension. The Tribunal had reasoned that the initial suspension order issued by the Auditor-General was without lawful authority. The petitioner, the Government of Pakistan, contends that the Federal Service Tribunal erred in its factual assessment, asserting that the suspension order was issued by the Auditor-General acting as the 'Authorised Officer' with the express approval of the 'Authority,' identified as the President of Pakistan. The Supreme Court found that this submission raised a substantial question of law requiring further examination. Consequently, the Court granted leave to appeal to determine the validity of the Tribunal's finding regarding the suspension order's legality. Pending the final hearing of the appeal, the Court suspended the operation of the impugned portion of the Tribunal's order, subject to the condition that the respondent be paid one-half of the salary due to him during the interim period.
- Can the Federal Service Tribunal order payment of full salary for a suspension period if the suspension order was allegedly approved by the competent authority?
- Does an order of suspension issued by the Auditor-General with the approval of the President of Pakistan constitute a lawful exercise of authority?
ORDER
1. ABDUL KADIR SHAIKH, J.--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.
2. 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.
3. This submission, amongst others, deserves consideration. We therefore grant leave and allow the petition.
4. Appeal will be heard at an early date on the present record, but it is open to the parties to file additional documents.
5. 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.