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Petitioner: WAPDA Through Chairman VS Respondent: MUHAMMAD ALI SHAH
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Saad Saood Jan Title: WAPDA Through Chairman vs MUHAMMAD ALI SHAH Case No.: Civil Petition No. 379 of 1987 Appeal No. 67(L) of 1983 Date of Judgment:1988-11-23 Reported As: 1991 SCMR 1545 Result: Leave granted
Judgment ORDER SAAD SAOOD JAN, J.---The respondent was a Lineman serving under the petitioner. On 12-1-1983, by an order made under section 17(1-A), Water and Power Development Authority Act, he was removed from service. He filed an appeal before the Federal Service Tribunal to challenge the order of his removal. The learned Tribunal partly accepted the appeal and substituted the order of removal with one of retirement on account of his long service. The petitioner seeks leave to appeal from the order of the learned Tribunal. 2. In support of this petition it is contended that according to the finding of the learned Tribunal itself, the record of the respondent was such that it made him an entirely unsuitable person to be retained in service. In the circumstances, it could not have substituted the order of removal from service with that of retirement. This contention needs examination. Leave to appeal is granted. Security far costs in the sum of Rs.2,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.