1. ' NASIM HASAN SHAH, J.---The petitioner, a Sub-Inspector of Police, while posted as S.H.O., Police Station, Pasrur, was dismissed from service by the Superintendent of Police vide order dated 11-4- 1982, on the ground of misconduct. The petitioner aggrieved by the said order filed a departmental appeal before the Deputy Inspector-General of Police, Gujranwala who accepted his appeal vide order dated 19-9-1987 as the petitioner was acquitted by a Court of Law of the charges which formed the basis of his dismissal and ordered his reinstatement in service "with all back benefits".
2. But at the same time, it was observe d: "The period he remained out of service subsequent to his dismissal shall be treated as leave of kind due and the period of suspension if any as duty period."
3. ' Accordingly, while implementing the order of re-instatement on 10-10-1987 it was ordered that the period spent out of service shall be treated as period spent out of duty as leave without pay (extraordinary leave). The petitioner filed an appeal against the order dated 10-10-1987 before the Service Tribunal praying that he be given all back benefits.
4. ' The Service Tribunal vide order dated 12-6-1989 not only refused the prayer but went on to set aside the order of the Deputy Inspector-General of Police, Gujranwala dated 19-9-1987 also which was never appealed from and restored the order of dismissal passed by the Superintendent of Police Sialkot dated 11-4-1982. Hence this petition for leave to appeal.
5. The question whether the Service Tribunal could while dealing with the appeal of the petitioner for grant of all back benefits had the jurisdiction suo motu to order petitioner's dismissal from service by setting aside the order of his re-instatement earlier passed by the D.I.G. Police Gujranwala on 19- 9-1987, needs examination.
6. ' The appeal shall be heard on the present record with liberty to the parties to add further documents, if any and fixed for hearing on an early date.
7. ' Meanwhile the interim order dated 22-7-1989 shall continue.