1. The Petitioner was serving as Professional Engineer with Respondent No., who was charge-sheeted for misconduct having been committed by him in terms that he allegedly stood as a guarantor before Respondent No. 2 for the purpose of repayment of loan amount advanced by the- State Bank in favour of the principal loanee.
2. The Petitioner challenged penalty of stoppage of three annual increments imposed upon him vide order dated 13.1.2003, passed by the respondent No. 1, before the learned Federal Service Tribunal as the said order was passed under the Remove from Service (Special Powers) Ordinance, 2000.
3. Some identical petitions were heard by the Honourable Supreme Court Of Pakistan and through a decision reported in PLD 2006 SC 602 while interpreting the provisions of Section 2-A, added in the Service Tribunal Act, 1973, it was directed that the appeals so pending before the Federal Service Tribunal stood abated.
4. In pursuance of the said judgment, the Assistant Registrar of the Federal Service Tribunal sent a "letter" dated 30.6.2006, the (sic) him that the above-said Service Appeal, till pending before the Service Tribunal stood "abated" in pursuance of the said judgment.
5. After the pronouncement of the judgment as reported in PLD 2006 SC 602 the Honourable Supreme Court was pleased to pass an order in some other concerned matters, thereby directing that the question as to whether or not a Service Appeal, pending before the Service Tribunal, stood abated was to be heard and decided by the Tribunal itself on its judicial side and that the Registrar or any other officer of the said Tribunal was not competent to direct for such abatement merely by quoting the above-said judgment of the Supreme Court.
6. In the circumstances, the petition is hereby admitted as well as allowed with the direction that the above-said letter issued by the Assistant Registrar of the Federal Service Tribunal is set aside and the appeal itself stands remanded to the learned Federal Service Tribunal with direction to hear the parties and then to decide the question on the judicial side as to whether or not the Service Appeal so pending before it ever stood abated.