' DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against judgment of the Federal Service Tribunal dated 19-2-2000 whereby his Appeal bearing No,1015-K of 1998 was dismissed.
2. Mr. Shafi Muhammadi, Advocate Supreme Court for the petitioner submits that the appeal was dismissed by the Service Tribunal as not maintainable being time-barred without touching merits of the case; that the petitioner was serving in the Education Department as a Sindhi Language Teacher and on requisition, the respondent vide letter dated 16-4-1996 informed the petitioner that he would be absorbed in PIA in Pay Group-V subject to acceptance of his resignation by his parent department. The petitioner was further advised to tender his resignation to the parent department for necessary action. Accordingly his resignation tendered by the petitioner was accepted and vide letter dated 24-9-1996 he was absorbed stating that "we are pleased to inform you that you stand permanently absorbed as Training Coordinator in Pay Group-V w.e.f, 19-6-1995". Subsequently services of the petitioner were terminated without any show-cause notice and affording an opportunity of being heard. He further submits that civil suit filed in the High Court stood abated on 20-5-1998 by virtue of insertion of section 2-A in the Service Tribunal Act whereas. On 21-5-1998 services of the petitioner were terminated. The petitioner filed appeal before the Service Tribunal within ninety days as required by law.
3. Conversely Mr. Mumtaz Shaikh, learned Advocate Supreme Court for the respondents submits that the Federal Service Tribunal considered the entire facts and dismissed the appeal finding the same to be hopelessly time barred.
4. We have minutely examined the record. Admittedly upto 20-3-1997 the petitioner was in service of the respondents and after dismissal of the suit on 20-5-1998 his services were terminated without any show-cause notice or affording an opportunity of personal hearing. This fact is also not controverted by the learned counsel for the respondents. Under the circumstances, we grant leave to consider the following points:--
(1) Whether the Service Tribunal did not consider the established principle of audi alteram partem and on this score alone the impugned judgment is liable to be set aside? And
(2) Whether the Service Tribunal passed the impugned judgment without applying its judicial mind to the facts and law involved and based its finding on extraneous facts wholly irrelevant to the issue involved in the appeal?
' Operation of the impugned termination letter dated 21-5-1998 is suspended till final disposal of the appeal.