Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- --S. 4 read with West Pakistan Water and Power Development Autho­rity Act (XXXI of 1958), S. 17(1-A) & 17 (1-C)-Jurisdiction of Service Tribunal-Order of retirement passed under S. 17(1-A) of West Pakistan Water and Power Development Authority Act, 1958-Open to appeal before Tribunal-Tribunal unlike extraordinary discre­tionary jurisdiction of High Court in a writ petition when impugned order without lawful authority or jurisdiction has same jurisdiction which a departmental authority possesses- in passing original or appellate order and can interfere even on question of facts-Jurisdic­tion of Tribunal in deciding appeal in no way limited by any pro­vision of law or Constitution-Contention that unlike in case of removal from service with stigma an order of retirement was not open to appeal before Tribunal-Repelled-Section. 17(1-A), held, though does not require assigning any reason for removing neverthe­less does not say that employee can be removed or retired without any reason-Instructions and guidelines laid down by Authority in order to stop indiscriminate recommendations by Superior Officers for removal or retirement to be kept in view--Retirement based upon one adverse entry "living beyond his means"- Such report not countersigned and also contrary to report given by some officer cover­ing that period also and grading appellant employee very high and recommending for accelerated promotion-Very action of Reporting Officer in changing his opinion and writing a report for a part of period twice and not getting it signed by Countersigning Officer, in circumstances, held, amounts to mala fide-Impugned retirement order, in circumstances, held, not justified hence set aside.-[Abdul Shakoor v. WAPDA P L D 1983 Lah. 404 dissented from]. Mian Mahmood v. Chairman, WAPDA 1983 P L C (C. S.) 556; M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22 and M. Aslant Bajwa v. Federation of Pakistan P L D 1974 Lah. 545 rel. Lt.-Col. Farzand Ali and others v. Province of West Pakistan through the Secretary Department of Agriculture, Government of West Pakistan, Lahore P L D 1970 S C 98 and A. M. K. Leghari v.…

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