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Petitioner: WATER AND POWER DEVELOPMENT AUTHORITY VS Respondent: ANWAR ALI
1988 S C M R 133
1988 S C M R 133
Present: Nasim Hasan Shah, S.A. Nusrat and Ali Hussain Qazilbash, JJ.
WATER AND POWER DEVELOPMENT AUTHORITY--Petitioner
versus
ANWAR ALI--Respondent
Constitutional Petition No.904 of 1986, decided on 22nd November, 1987.
(On appeal from the judgment dated 24-8-1986 of the Federal Service Tribunal, Islamabad Camp Lahore in Appeal No.24/L of 1983).
West Pakistan Water and Power Development Authority Act (XXXI of 1958)--
---S.17(1-A)--Service Tribunals Act (LXX of 1973), S. 4--Constitution of Pakistan (1973), Art. 212(3)--Removal from service--Service Tribunal, on appeal by respondent-employee of WAPDA, holding that "there was sufficient material before the Authority in making the impugned order under S.17(1-A)" but converting order of his removal into one of retirement with consequential retirement benefits--Leave to appeal granted .to examine whether the order of the Service Tribunal was not legal and had not been passed in proper exercise of jurisdiction vested in it.
Ch. Ghulam Hassan Gulshan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner.
Nemo for Respondent.
Date of hearing: 22nd October, 1987.
ORDER
NASIM HASAN SHAH, J.--The respondent was employed as a Lower Division Clerk by WAPDA. He was removed from service under Section 17(1-A) of the WAPDA Act by the order dated 12-1-1983. He filed an appeal against the said order before the Service Tribunal. The learned Service Tribunal held that:-
"There was sufficient material before the Authority in making the impugned order under Section 17(1-A)".
But went on to add as follows:-
"However, taking into consideration 'the fact that the appellant (petitioner herein) had served the authority for over 12 years, we think that appropriate order would be an order of retirement from service and not of removal. The appeal is, therefore, partly accepted and the impugned order of removal is converted to that of an order of retirement from service with consequential retiring benefits."
This petition for leave to appeal has been filed by WAPDA to challenge the last part of the order whereby the order of removal has been converted into one of retirement with consequential retiring benefits.
The learned counsel for the petitioner submits that the order of the Service Tribunal is not legal and has not been passed in proper exercise of the jurisdiction vested in it, in the circumstances of this case.
Leave granted.
The case to be heard on the present record, with liberty to the parties to add further documents at a very early date.
The interim order of stay to continue meanwhile.
S.Q./W-13/S Leave granted.