1998 PLP (C (PLC(CS))
ZAIN YAR KHAN Versus CHIEF ENGINEER, C.R.B.C., WAPDA, D.I. KHAN and another
| Citation | 1998 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Mir Hazar Khan Khoso and Raja Afrasiab Khan, JJ |
| Parties | ZAIN YAR KHAN Versus CHIEF ENGINEER, C.R.B.C., WAPDA, D.I. KHAN and another |
| Primary Law | Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 |
Q1: What are the key laws and sections cited in 1998 PLP (C (PLC(CS))?
This judgment primarily cites: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Mir Hazar Khan Khoso and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP (C (PLC(CS)) (ZAIN YAR KHAN Versus CHIEF ENGINEER, C.R.B.C., WAPDA, D.I. KHAN and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Khan Khakwani, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 14th February, 1996.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal, dated 23-10-1995 passed in Appeal No. 54(P) of 1995).
R. 5
Constitution of Pakistan (1973). Art. 212(3)
Misconduct-- Employee of Authority
Penalty for misconduct
Departmental Appellate Authority while accepting appeal of employee against imposition of penalty remanded-case for fresh inquiry
Order of remand of case was maintained by Service Tribunal
Leave to appeal was granted to consider whether order passed by Departmental Appellate Authority remanding case without specifying reasons therefore, was the order properly passed within scope of powers enjoyed by it under Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 197.8.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal, dated 23-10-1995 whereby his service appeal was dismissed. In seeking leave to appeal, the learned counsel for the petitioner firstly contended that although under the relevant rules the appellate authority is entitled to enhance, reduce or modify the penalty imposed on the employee but it has no power to remand the case for a fresh inquiry by the competent Authority. It is also contended by the learned counsel that while remanding the case for fresh inquiry, the appellate authority did not mention any ground in support of the order of remand. In the impugned judgment of the Service Tribunal the order passed by the appellate authority has been reproduced which shows that the appeal of the petitioner was accepted and the case was remanded for retrial on some technical grounds but the technical ground on which case was remanded and appeal was accepted, have neither been specified nor any other reason is given by the appellate authority. We grant leave to appeal in the above case to consider the legal point whether the order passed by the appellate authority remanding the case without specifying the reasons therefore, was an order properly passed in the case within the scope of powers enjoyed by it under Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978?. A.A./Z-11/S Leave granted.