1. ABDUL KADIR SHAIKH, J.---The grievance of the petitioner urged in this petition for leave to appeal from the judgment of the Federal Service Tribunal is that after having held that petitioner's dismissal from service was illegal, the Service Tribunal should not have made the following observation: "It is, however, left open to the authorities concerned to proceed with the case from the stage where the defect occurred namely non-issue of show--cause notice to the appellant after the Court of Inquiry and re-decide the case. In case the concerned authorities decide to proceed with the disciplinary case again the enquiry proceedings should be completed within six months.--- Another grievance is that the Service Tribunal while directing re--instatement- of the petitioner has not granted back benefits.
2. We find no force in the first plea for the reason that petitioner's appeal before the Tribunal succeeded on technical grounds, and not on merits, and the authorities can in law proceed against the petitioner from the stage when technical defect occurred.
3. As regards the second plea, petitioner's claim is based on the proviso to section 17 of the Civil Servants Act, 1973, and it is open to the petitioner to seek relief from the appropriate authority in law.
4. For these reasons, this petition has no force and is dismissed.