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1990 SCMR 1465

BASHIR AHMAD TAHIR vs WAPDA through its Chairman

Citation1990 SCMR 1465
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1165 of 1984
Date1989-05-13
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave refused

ORDER

1. ' GHULAM MUJADDID, J.--This petition was dismissed for non-prosecution. After hearing the learned counsel for the petitioner, it was restored to its original number. We allowed the learned counsel to address us on merits.

2. ' The petitioner was a Line Superintendent in WAPDA. He was removed from service under section 17(1-A) by order, dated 31-7-1982 passed by the Deputy Director (Confidential), WAPDA. He went before the Federal Service Tribunal. His appeal was dismissed on 16-10-1984.

3. ' Learned counsel for the petitioner submitted that his removal under section 17(1-A) was illegal because he was never found to be guilty of misconduct or inefficiency. According to the learned counsel, if at all there was any such thing then at the most disciplinary action could be taken against the petitioner and not one under section 17(1-A).

4. ' We do not agree with the learned counsel. On the other hand, we think that the Tribunal was justified in observing that "for an order under section 17(1-A) the establishment of the charge is not necessary. If in the opinion of the Authority for good reasons, the continuance of a person in the service is not desirable, then an order under section 17(1-A) is well justified."

5. The Tribunal rightly made the aforesaid observatiors. In the absence of any error of law or otherwise which would justify our interference in the impugned order, leave is refused.

6. ' Dismissed.

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