Law: Civil Servants Act, 1973

Section: 13(1)(i)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Civil Procedure Code (V of 1908)

Section: 79,80(1)(a),O.XXVII,R.3

Civil Servants Act (LXXI of 1973)--- ----S. 13(1)(i)---Civil Procedure Code (V of 1908), Ss.79, 80(1)(a) & O.XXVII, R.3---Constitution of Pakistan (1973), Art. 212(3)---Appeal, filing of---Competent authority---Retirement of civil servant was set aside by Service Tribunal and he was reinstated in service---Judgment passed by Service Tribunal was assailed before Supreme Court, by Director-General of the department---Validity---Reinstatement of civil servant stood accepted by his competent authority/appointing authority or government---Had it not been so, the petition for leave to appeal would have been filed by Secretary Interior who, in view of Ss.70 and 80 (1)(a) read with O.XXVII, R.3 C.P.C., happened to be the `government' for the purposes of filing any petition, plaint or appeal in addition to his. being competent authority as well as appointing authority of civil servant---Director General of the department was neither `Government' nor appointing authority---Authority/government was not even made party to the petition despite the fact that in .appeal before Service Tribunal, Secretary Interior Division and Secretary Establishment Division were arrayed as -Respondents---Supreme Court declined to interfere .with the judgment passed by Service Tribunal., as petition for leave to appeal was not maintainable---Leave to appeal was refused. ORDER SARDAR MUHAMMAD RAZA KHAN, J. ---The Secretary Interior Division, Government of Pakistan vide No.9/32/2000 Security-I, dated 17-9-2003 notified the retirement from service of Mian Abdul Salam, the then Deputy Director (Publicity) Directorate-General Civil Defence, Islamabad. The retirement under section 13(1)(i) of the Civil Servants Act, 1973 based on three-fold ground mainly culminated into the fact that the officer had out lived his utility for further retention in service. 2. The retirement aforesaid was challenged before the Federal Service Tribunal, which, on 17-3-2007, reinstated him into service. Director-General, Civil Defence, Islamabad seeks leave to .appeal from the judgment aforesaid. 3. The reinstatement has been directed on the grounds; firstly, that Mian Abdul Salam had remained on extraordinary leave…

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