CH. MUHAMMAD ARIF, J.---After arguing this appeal for some time. The learned counsel for the appellant made a reference to the last paragraph of the impugned judgment rendered by the learned Chairman, Federal Service Tribunal, which reads as under:- "4. Before parting with this judgment, the impugned order of penalty suffers from legal lacuna, as specific period for which reduction by three stages in the time scale has to operate, has not been mentioned, and it is violative of the Fundamental Rule 29, as the appellant cannot be leprived for indefinite period, but for a specific period. Since this point has not been taken by any Member, therefore, it is beyond my scope as both learned Members have not taken (notice) of this legal infirmity. I would, therefore, suggest to the departmental authority to take into consideration this glaring illegality and pass an appropriate order under Fundamental Rule 29 as deem fit."
' According to him, the illegality relatable to failure on the part of both the learned Members of the Tribunal having been noticed by learned Chairman, the 'order of the Tribunal' by him in terms of clause (b) to subsection, (2) of section 3-A of the Service Tribunals Act, 1973 is not in order.
2. He further submitted that if the cause is remitted back to the learned Tribunal to specify the period in terms of Fundamental Rule 29, the appellant will be satisfied and, in that eventuality, will attend to the cause thereafter, if so required. Mr. Imtiaz Muhammad Khan, learned Advocate-on- Record ,representing the respondents, did not controvert the submissions of the learned counsel for the appellant.
3. We are inclined to the view that the learned Tribunal should have resolved the question regarding the specification of the period for which penalty of reduction by three stages in the time scale has to operate in the case of the appellant in line with Fundamental Rule 29. Failure on the part of the learned Tribunal to do the needful in the appeal of appellant-Zafar Yasin, can be remedied even now by remitting the matter to the Tribunal for its disposal anew, within a period of two months from today. Order accordingly.
4. This appeal is disposed of in the above terms, with no order as to costs.