1. ABDUL RAZZAQ A. THAHIM (CHAIRMAN): --Appellant Mr. M. Sadiq Swati is working as OSD (B-21) in the Establishment Division. He has filed this appeal under section 4 of the Service Tribunals with the following prayers:
(a) Set aside the ruling given by the respondent No. 1, being devoid of any legal force.
2. (b)Restrain the respondents from their unlawful activities against the appellant.
3. (c)Pass structures against each of the respondents in proportion to his role in the conspiracy to cause harm to the appellant.
(d) Direct the respondent No. 2 to seek the approval of the competent authority to release salary of the appellant and provide all other fringe benefits as per his entitlement without further delay.
4. (e)Direct the respondent No. 2 to recall Mr. Majeed from LPR to face an inquiry into the allegations of serious misconduct levelled by the appellant against him, (f)Give any other relief the Honourable Tribunal may deem necessary, just and equitable.
5. The appeal came up for preliminary hearing on 19-5-1994 when we issued pre--admission notices to the respondents for comments. Comments have been filed by respondents 2 and 3.
2. We have heard Mr.. Raja Muhammad Bashir, the learned counsel for the appellant at length. He has given long history of the case and the disciplinary proceedings taken against the appellant.
6. The learned counsel for the appellant has confined his case to prayers at (a) and (d) only and dropped the rest of the prayers mentioned in the memo. Of appeal. His contention is that the ruling given by the Ministry of Finance be set aside, being devoid of any legal force and the Tribunal may direct respondent No. 2 for release of his salary alongwith other fringe benefits.
3. The appellant has impugned in this appeal the original order, dated 7th Mav.1994 which reads as under:-- "GOVERNMENT OF PAKISTAN NATIONAL TRANSPORT RESEARCH CENTRE MINISTRY OF COMMUNICATIONS SECTOR H-8/3, OLD SAIDPUR ROAD, ISLAMABAD No. NTRC-15 (9)/94 Dated: 7th May, 1994 Subject: GROSS FINANCIAL IRREGULARITIES IN THE CONSULTANCY WORK UNDERTAKEN BY NTRC Dear Mr. Swati, PMIC in consultation with the Finance Division have declared the funds of NTRC Consultancy Wing as public funds. NTRC has received instructions from the Ministry of Communication for an audit of consultancy accounts and return of transport and equipment by you.
7. Kindly return the vehicles, air-conditioners, furniture and other equipment to NTRC at the earliest so as to enable the Centre to furnish the compliance report to the Government.
8. The Government audit party may please be provided access to the consultancy Bank accounts and records for audit purposes.
9. With regard. Yours sincerely, (Sd.) MA. Farouk Acting Chief.
10. Mr. M. Sadiq Swati; Ex-Senior Chief, NTRC, H.No. 3, St. 50, F-8/4, Islamabad.,- The above-quoted D.O. Letter when read as a whole indicates that the appellant has been asked to return the vehicles, air-conditioners, furniture and other equipment as also the consultancy Bank accounts and other related records for the purpose of audit because he ought to have returned as he is no more incharge of the NTRC and this letter in no way amounts to terms and conditions as provided under the Civil Servants Act, 1973. There is also no appellate order as to bring the cause of action under the provisions of section 4(1) of the Service Tribunals Act, 1973, and as such, this appeal as far as this relief is concerned is not competent. However, it was argued that the appellant was working as OSD since June 1993 but he has not been paid his due salary. To this, Mr. Muhammad Sher Khan, the Additional Secretary, Establishment Division, who was present and is made party in person stated at the bar that the appellant should prepare and submit his pay bills which will be forwarded to the AGPR, Islamabad for payment. To that extent, the Establishment Division is extending this relief to the appellant. It may also be observed that the appellant being a BPS-21 officer, under the rules, is self-- drawing and Disbursing Officer and he could draw his salary by submitting his pay bills to the AGPR, but his contention is that the AGPR has returned the pay bills un passed, but the appellant has not been able to produce any documentary evidence in support of his contentions. Moreover, the AGPR, Islamabad has not been impleaded as party in this appeal. However, without going into the allegations and counter-allegations as averred in the comments, we accept the statement of Mr. Muhammad Sher Khan, Additional Secretary, Establishment Division and the appellant is at liberty to submit his pay bills to the Establishment Division for further action at their end under the rules. In the circumstances, we are of the view that no case is made out for admission of the appeal as the learned counsel for the appellant has only pressed the appeal on two points, which we have already dealt with and disposed of. The appeal is dismissed in limine.