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1990 SCMR 934

WAPDA vs ABDUL SATTAR and 2 others MUHAMMAD IQBAL BUTT

Citation1990 SCMR 934
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 322 and 327 of 1987 and 443 of 1989
Date1989-08-02
Judge(s)Shafi-ur-Rehman, Saad Saood Jan
ResultLeave refused

ORDER

' SAAD SAOOD JAN, J.---The respondents were employees of the petitioner Authority. Their services were terminated under section 17(I-A), Water and Power Development Authority Act. They preferred appeals before the Federal Service Tribunal. The learned Tribunal found that there was material evidence on the records of the respondents to justify action under section 17(I-A) against them.

However, taking into account the length of periods that they had spent in the service of the Authority it substituted the orders of removal with the orders of retirement. The Authority now seeks leave to appeal from the judgments of the Tribunal.

2. In support of this petition it is urged that after the Tribunal had found that the Authority had sufficient reasons to take action against the respondents under section 17(I-A) it was not open to it to interfere with the orders made by the Authority. It is difficult to accept this contention. As an appellate forum the learned Tribunal could not only examine whether the order made by the Authority was supported by material but in suitable cases it could substitute the order of the Authority with one which it deemed to be more appropriate. Leave is refused in all these petitions.

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