MUHAMMAD GULZAR Versus CHAIRMAN,KARACHI PORT TRUST

ORDER

1. 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.

2. In paragraph (8) of the comments, the respondents 2 and 3 have explained as follows:‑

3. "8. As regards para 8 of the petition it is stated that the Enquiry Officer had proved the charges levelled in the charge‑sheet beyond any doubt. The KPT Board of Trustees while approving the report of Enquiry Officer also approved the show‑cause notice to be served upon the petitioner. The show‑cause notice was issued to him under this Office Letter No.T/Estt/2439, dated 22‑5‑1979 and his reply dated 18‑6‑1979 to the show‑cause notice was placed before the board. The Board did not find the reply to the show‑cause notice as satisfactory and under their Resolution No.162, dated 29‑8‑1979 sanctioned the compulsory retirement of Mr. Muhammad Gulzar, Senior Outdoor Clerk from KPT service with immediate effect."

4. Further, the order itself states that the Board vide their Resolution No.162 dated 29‑8‑1979 have sanctioned the compulsory retirement of the petitioner from the K.P.T. service.

5. We, therefore, find that the retirement is in accordance with section 23(1) of the Act and there is no illegality about it.

6. A. A. /M‑353/ K Petition dismissed.