1989 PLP 1690 (SCMR)

SHAFIUR RAHMAN, J.‑‑The Federation of Pakistan has appealed under Article 203‑F of the Constitution against a judgment of the Federal Shariat Court dated 27‑3‑1984 delivered while examining suo motu the various Federal Acts and Ordinances under Article 203‑D of the Constitution.

2. The specific law in respect of which the finding of the Federal Shariat Court has aggrieved the appellant is the West Pakistan Water and Power Development Authority Act, 1'68 (XXXI of 1958) (hereinafter referred to as the Act). Its section 6 provides as follows: "

6. Removal of Chairman or Member.‑‑The Government may by notification remove the Chairman or any Member:‑ (a) if he refuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Act; or (b) if he has been declared insolvent;or (c) if he has been declared to be disqualified for employment in or has been dismissed from the service of Pakistan, or has been convicted of an offence involving moral turpitude;or (d) if he has knowingly acquired or continued to hold without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit or has benefited as a result of the operation of the Authority." The Federal Shariat Court while scrutinising this provision observed as hereunder‑ "Section 6 provides for the removal of the Chairman or any Member on any of the grounds specified in the section. It does not, however, provide for a hearing to be given to the Chairman or the Member before his removal. The suggestions of providing for a hearing met with stiff opposition from the learned counsel. But we are clear in our minds that where grounds for removal are given, the removal is not possible unless the case is brought within the ambit of those grounds. This would require some proof which would necessitate the opportunity of refuting it. WAPDA is now controlled by the Government of Pakistan. We, therefore, direct the Government of Pakistan to add the words "after hearing the party affected thereby" after the words "remove the Chairman or any Member" in Section 6."

3. The reason given for objecting to the requirement indicated by the Federal Shariat Court is based on the ground that the removal of the Chairman or a Member may be necessitatcd by circumstances demanding an immediate action and the urgency of the requirement may be such as not to admit of any delay occasioned by procedure indicated by the Federal Shariat Court in the impugned judgment. It is also said that "the competent authority has to retain extraordinary powers in relation to the top brass of the WAPDA in the public interest". Further, it is contended that there is no particular Injunctions of Islam to which the provision of the law as it stands today can be said to be repugnant and that no repugnancy having been established, the declaration given in the impugned judgment and the amendments suggested were unwarranted.

4. The requirement of a show‑cause notice, of the disclosure of the grounds on which action is proposed to be taken and of an opportunity of hearing to the person concerned against whom such an action is required to be taken was considered at great length in our judgment in Pakistan v. Public‑at‑Large (P L D 1987 S C 30‑t). For the same reason we consider that the disclosure of such a ground is necessary and its absence or omission from a statute is repugnant to the I Injunctions of Islam. The ground of urgent action and peculiarity of the circumstances have been well taken care of in the case of employment with the Government by recognizing a power to suspend or temporarily sever from the ' post, pending final action, the employee's hold on the post from which it is proposed to dislodge him.

5. We find that the decision given by the Federal Shariat Court impugned before us is well‑founded and consistent with the decision of the Shariat Appellate Bench of this Court with regard to all service or employment with the Government or on public posts. The appeal is, therefore, dismissed. M.A.K./P‑99/S Appeal dismissed.