| Citation(s) |
|---|
| 1988 SLG 887 1988 SLD 887 1988 PLC 137 |
Sindh High Court
Constitutional Petition No. D-400 of 1987, decided on 21st September, 1987.
NAIMUDDIN, C.J. AND MAMOON KAZI, J
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Constitutional Petition No. D-400 of 1987, decided on 21st September, 1987.
NAIMUDDIN, C.J. AND MAMOON KAZI, J
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MUHAMMAD GULZAR
VS
CHAIRMAN, KARACHI PORT TRUST and others
Law:
Section:
Karachi Port Trust Act (VI of 1886)-- ---S. 23(1)--Retirement from service--Employee challenging such retirement on ground that same having been ordered by Chairman and not by Board of Trustees, was illegal--Validity of- retirement- Order of retirement itself stated that Board of Trustees vide their resolution had sanctioned compulsory retirement of employee, from service--Such retirement of employee being in accordance with requirement of law and there being no illegality therein, held, could not be challenged in constitutional jurisdiction of High Court. M. Akram Shahbaz for Petitioner Zaheeruddin Khan for Respondents Nos.2 and 3. ORDER NAIMUDDIN, C.J.--The petitioner's grievance is that he has been retired from K.P.T. service in contravention of section 23(1) of the Karachi Port Trust Act, 1886 inasmuch as that retirement could be ordered by the Board of Trustees and not by the Chairman as the petitioner was drawing salary of Rupees more than 500. In paragraph (8) of the comments, the respondents 2 and 3 have explained as follows:- "8. As regards para 8 of the petition it is stated that the Enquiry Officer had proved the…
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