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1986 SCMR 1534

Kh. ABDUL WAHID And Another vs CHAIRMAN, WAPDA And Another

Citation1986 SCMR 1534
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 120-R & 121-R of 1986 Petitions Nos. 64 & 64-A of 1986
Date1986-06-29
Judge(s)Mian Burhanuddin Khan, Nasim Hasan Shah
ResultPetitions dismissed

ORDER

1. NASIM HASAN SHAH, J.--This order will dispose of Civil Petition 120-R of 1986 and Civil Petition No. 121-R of 1986.

2. This Court, on 14-12-1985 had accepted the appeals preferred by WAPDA (Civil Appeals Nos. 331 of 1985 and 332 of 1985) against the decision of the Service Tribunal, dated 15-12-1984 passed in favour of the petitioners herein and remanded their cases for decision afresh.

3. On remand, both the petitioners submitted applications before the Service Tribunal for permission to add additional grounds to substantiate the mala fides of WAPDA etc. (respondents herein) against them. These applications were rejected on the ground that this question had already been considered by this Court while deciding their cases in the earlier round, vide order, dated 27-3- 1986. These petitions for leave to appeal are directed against the aforesaid order.

4. These petitions are obviously incompetent as they are directed against an interlocutory order passed by the Service Tribunal.

5. The learned counsel for the petitioners, however, submitted that In the interest of justice this Court may clarify further its true intent while disposing of Civil Appeals Nos. 331 of 1985 and 332 of in its consolidated judgment passed on 14-12-1985, in regard to this question.

6. We would observe that if the petitioners are able to show that the action against them was indeed actuated by mala fides, the Tribunal` would not be debarred from taking note of this.

7. With these observations, both the petitions are dismissed.

Cited by 14 cases

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