Law:

Section:

Constitution of Pakistan (1973)----Art. 212--Service Tribunals Act (LXX of 1973), S. 22--Appeal to Service Tribunal--All proper material has to be placed before the Tribunal by the Departmental Authority and the order of Tribunal could not be challenged on the basis of fresh materials produced before Supreme Court--Office order sought to be relied upon before Supreme Court whereby a totally new cause before Supreme Court was sought to be made, could not be taken into consideration by Supreme Court to upset order of Service Tribunal which was fully justified on the basis of materials placed and pleas/ submissions raised before it. Islamic Republic of Pakistan v . Dr. Safdar Mahmood P L D 1983 S C 100 ref. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the order of the Federal Service Tribunal, dated 13-3-1984, whereby, while upholding the order of the respondent's compulsory retirement from service, the Tribunal directed payment of full pay and allowances including the increments to the respondent for the entire period he remained under suspension till the date of his compulsory retirement. The Tribunal held that as the order of suspension was passed by the Auditor-General, who was not the competent authority in the relevant respect, the order of suspension passed by him was without lawful authority. Leave was granted by this Court as the learned Standing Counsel of the Federal Government produced before the Petition Bench a copy of the order of suspension wherein it was stated that the Auditor-General (Authorised Officer) who had issued the order of suspension had done so with the approval of the Authority. It was observed that as the Tribunal has failed to notice this aspect of the matter, the case required further consideration. The respondent was a District Accounts Officer-II, Bahawalpur. He sanctioned and released for disbursement of the large amount of Rs.2,76,95,377 without proper authorisation, in the year 1977. He was, therefore, placed under suspension by the order of the Auditor-General dated 31-5-1977 and ultimately retired compulsorily from service on 16-8-1982 under the Government Servants (Efficiency and…

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