' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 4-6-1986 of the Federal Service Tribunal; whereby the appeal of the respondent an employee of the present petition/WAPDA, was allowed.
2. The respondent was dismissed from service on serious charge of misconduct. He filed a departmental appeal which according to the petitioner was partly allowed by person other than the competent authority. The order of dismissal was set aside. However, the four annual increments of the respondent were "stopped without future effect". This so-called appellate order was passed on 29-5-1984. Another Officer claiming to be the competent authority passed an order on 4-7-1984 whereby the order dated 29-5-1984 was set aside. The respondent challenged the order dated 4- 7-1984 in appeal before the Service Tribunal. The same was allowed with the effect that order dated 29-5-1984 was restored. The petitioner, therefore, has now sought leave to appeal.
3. Although the point regarding competency of the officer who passed the order dated 29-5-1984 was raised before the Tribunal, it was not decided for the reason that according to the Tribunal, it having been implemented by re-instatement of the respondent in service, it could not be ignored notwithstanding lack of its validity or competency of the functionary who passed it.
4. Learned counsel for the petitioner has contended that the principle regarding an order having been acted upon could not be invoked in this case; that the order passed on 29-5-1984 was not valid and further that it was passed without jurisdiction; that no departmental appeal having been filed by the respondent against order dated 4-7-1984, the appeal before the Service Tribunal was not competent; and lastly, that it was incumbent on the Service Tribunal not to allow the respondent's appeal without examining the correctness or otherwise of the finding of misconduct against him.
' The questions raised in this petition require examination. We accordingly grant leave to appeal.
The impugned order is suspended in the meanwhile.