Pakistan Case Law← Search
1990 SCMR 961

WATER AND POWER DEVELOPMENT AUTHORITY and others vs MUNIR AHMAD

Citation1990 SCMR 961
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 530 and 531 of 1986
Date1989-07-24
Judge(s)Shafi-ur-Rehman, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.---These are two petitions for special leave to appeal from the judgments of the Federal Service Tribunal. The respondents in these petitions were employees of the petitioner authority. They were removed from service by the Authority under the provisions of section 17(IA), Water and Power Development Authority Act. They preferred appeals before the Federal Service Tribunal. The learned Tribunal found that the petitioner Authority had sufficient grounds for not retaining them in service but converted the orders of removal into orders of retirement from service. The petitioner Authority seeks leave to appeal from the order of the learned Tribunal.

2. In support of these petitions it is contended that after the learned Tribunal found that there were good grounds with the Authority for taking action against the respondents under section 17(IA), it was not open to it to interfere with its discretion with regard to the nature of the orders made. It is difficult to accept this contention. The learned Tribunal as an Appellate Authority can not only examine whether there was material before the petitioner Authority for invoking the provisions of section 17(IA) but also consider whether the nature of the order made was appropriate. There is nothing in section 17, or in any other provision of the WAPDA Act which may be taken to restrict the competency of the Tribunal in this regard. These petitions are without any merit and are hereby dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search