1987 PLP 1942 (SCMR)
ABDUL HAMID — Appellant Versus WATER AND POWER DEVELOPMENT
| Citation | 1987 PLP 1942 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Ali Hussain Qazilbash, and Mian Burhanuddin Khan, JJ |
| Parties | ABDUL HAMID — Appellant Versus WATER AND POWER DEVELOPMENT |
| Primary Law | West Pakistan Water and Power Development Authority Act (XXXI of 1958) |
Q1: What are the key laws and sections cited in 1987 PLP 1942 (SCMR)?
This judgment primarily cites: West Pakistan Water and Power Development Authority Act (XXXI of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1942 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Ali Hussain Qazilbash, and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1942 (SCMR) (ABDUL HAMID — Appellant Versus WATER AND POWER DEVELOPMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Muhammad Salim, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant.
- Imtiaz Muhammad Rhan Advocate-on-Record for Respondents.
- Date of hearing: 26th October, 1986.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal, Islamabad, dated 29-5-1984, passed in Appeal No.733(L) of 1982 and 188(R) of 1984).
S. 17(1- A) (1-C)--Service Tribunals Act (LXX of 1973), S.4--WAPDA employee's removal from service--Jurisdiction of Service Tribunal to adjudicate--Charge of misconduct--Question of jurisdiction of Service Tribunal on which leave to appeal was granted, already resolved in case reported as 1986 SCMR 18--Enough material available on record against appellant--Removal from service, held, was justified--Impugned order not being open to interference, appeal dismissed. WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 ref.
Judgment & Decree
ALI HUSSAN QAZILBASH, J.--This is an appeal by leave against the order of the Federal Service Tribunal, Islamabad, dated 29-5-1984.
2. Abdul Hamid appellant was employed in WAPDA in 1965 in the capacity of cashier and was posted as a meter-reader at Burewala Sub-Division. He worked as such in various stations and was then transferred to District Vehari on 15-6-1978. In 1977 he was proceeded against for misconduct and was charge-sheeted but ultimately reinstated on 15-6-1978 with a punishment of withholding his two increments and the right to claim his salary during the period he remained under suspension was also forfeited. After two years he was again served with a show-cause notice and ultimately dismissed vide order dated 29-6-1980. This order was, however, set aside by the N.I.R.C. However, on 28-7-1982 the appellant was removed from service under section 17(1-A) of the WAPDA Act, 1958. The appellant challenged his removal from service by way of an appeal before the Federal Service Tribunal which was dismissed through the impugned order.
3. Leave was granted in this case to consider whether in view of the complete ouster of jurisdiction under section 17(1-C) of the WAPDA Act, the Tribunal could assume jurisdiction and interfere with orders of WAPDA in respect of its employees. This question stands resolved by this Court in its judgment reported as WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18.
4. So far as the removal of the appellant is concerned, the Tribunal after going through the record of the appellant came to the conclusion that his record was full of allegations against him; there were four charge-sheets and two punishments awarded to the appellant and thus held that his removal from service under section 17(1-A). of the WAPDA Act was fully justified.
5. We have heard the learned counsel for the appellant and we find that enough material is available against the appellant. Thus, the order of his removal from service does not require any interference by this Court. The appeal is dismissed. M.I./A-98/S Appeal dismissed.