Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (1) read with O. M., dated 22nd February, 1975 (Page 262 of Establishment Division Estacode)- Suspension-Extension of suspension beyond three months - Requires approval of "authority"-Continuance of suspension must be preceded by approval of "authority" - Non-obtaining approval of "authority" and issuance of order before expiry of three months' initial period­--Effect-Government servant deemed to have been reinstated on expiry of initial period of three months-Executive order cannot be enforced retrospectively -First Order extending suspension period beyond initial period of three months issued much after expiry of initial three months period.-Subsequent repeated orders for extension of suspension, in circumstances, held, fall to ground and unlawful. M. S. Siddiqui for Appellant. Syed M. Shahudul Huque for Respondent Date of hearing 10th October, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-It is the case of the appellant that he was initially appointed as Population Officer with effect from 3rd July, 1965 under the erstwhile Population Planning Council. He was subsequently promoted as District Population Officer (Grade-18) from the 15th of March, 1973. Consequent upon the abolition of the Population Planning Council with effect from the 30th of April, 1977, the appellant was offered and he accepted an appointment in Grade-18 under the Population Division of the Government of Pakistan and he was specifically made subject to rules and regulations applicable to the employees of the Federal Government. He continued as such till the 14th of June, 1978, when abruptly a notification was issued by the res­pondent terminating his services with effect from 15th June, 1978 allowing fourteen days' salary in lieu of notice, on the alleged ground of being involved in disruptive activities. The Respondent-Government, however, on second thought realized the illegality and impropriety of termination order and had formally withdrawn it. The appellant was accordingly reinstated into service with effect from the date of termination vide Government Notification, dated the 18th of June, 1979. On the very next day,…

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