Law: Constitution of Pakistan, 1973

Section: 212(3)

Keywords: Conditions, Government, Communication, Leave, Petition, Terms And Conditions, Province, Order, Period, Removal, Federal Government, Appointment, Service Tribunal, Provisions, Validity, Constitution Of Pakistan, Retirement, Terms And Conditions Of Service, Satisfaction, Service Tribunal, Place, Qualification, Competent Authority, Without Notice, Interference, Procedure, Manager, Constitutional Jurisdiction, Notice, Violation, Removal, Discretion, Relief, Disqualification, Appellate Jurisdiction, Interpretation, Review Board, Conditions Of Service, Necessity, Constitution, Leave To Appeal, Confirmation, Not Warranted By Law, Jurisdiction, High Court, Petitioner, Recording, Costs JUDGMENT SHAFI UR RAHMAN, J.-Leave to appeal was granted under Article 212(3) of the Constitution as reported in Hussain Ali Chandio v. The Secretary, Ministry of Communication Government of Pakistan and 8 others 1985 SCMR 1730 to examine whether there was any material in the order to show that the removal of the appellant had taken place in public interest as required by theCorporation Employees (Special Powers) Ordinance, 1978 (Ordinance No.XIII of 1978 hereinafter referred to as the Ordinance). 2. The appellant was appointed as Deputy Manager (Personnel) by the Board of Trustees, Karachi Port Trust, on 28-5-1977. His appointment was approved by the Federal Government on 10-6-1977. He was confirmed at the expiry of his period of probation and allowed increment of salary. On the promulgation of the Ordinance, he was removed from service by an order dated 23-1-1975 w.e.f. 31-1-1979. He challenged this removal by a Constitution Petition (No. 1100 of 1979) in the High Court of Sind which was withdrawn by him in order to seek further relief from the Federal Government. Not obtaining the same, he approached the Service Tribunal-which too dismissed his appeal on the ground that it was hopelessly the-barred, that he was not qualified for the post for which he. Had been appointed and that his appointment was in violation of the rules and "doubtlessly a case of political appointment". 3. In challenging the action of the competent authority and the dismissal of the appeal by the Federal…

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