SCMR 1989

1989 PLP 1262 (SCMR)

WATER AND POWER DEVELOPMENT AUTHORITY Petitioner Versus MUHAMMAD AKRAM Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition No.1072 of 1984, decided on 28th February, 1989.
Honorable Judges
Ghulam Mujaddid and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1989 PLP 1262 (SCMR)
Forum / Court High Court
Bench Members Ghulam Mujaddid and Saad Saood Jan, JJ
Parties WATER AND POWER DEVELOPMENT AUTHORITY Petitioner Versus MUHAMMAD AKRAM Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 PLP 1262 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 PLP 1262 (SCMR)?

The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 PLP 1262 (SCMR) (WATER AND POWER DEVELOPMENT AUTHORITY Petitioner Versus MUHAMMAD AKRAM Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Mian Iqbal Khalid, Advocate Supreme Court and Mahmood A. Oureshi, Advocate‑on‑Record for Petitioner.
  • Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent.
  • Date of hearing: 28th February, 1989.

Headnotes / Summary

(From the judgment of the Federal Service Tribunal dated 17‑9‑1984 in Appeal No.649(1) of 1982). ‑‑‑Art.212(3)‑‑Service Tribunal had quashed the order of removal from service of a WAPDA employee and held that order of his reversion for a period of two years should remain in force and the period during which he remained out of service should be treated as extraordinary leave without pay‑‑Leave to appeal was granted to examine contention that Service Tribunal acted beyond the scope of its jurisdiction which was confined only to examine mala fides and coram non judice. Sheikh Abdul Hameed and 2 others v. WAPDA P L D 1988 S C 35 ref.

Judgment & Decree

GHULAM MUJADDID, J.‑‑WAPDA has filed this petition for leave to appeal against the judgment of the Federal Service Tribunal dated 17‑9‑84 whereby appeal of Muhammad Akram respondent, Meter Reader, was partly accepted The Tribunal quashed the order of his removal from service but held that the order of his reversion for a period of two years shall remain in force and the period during which he remained out of service should be treated as extraordinary leave without pay. Learned counsel appearing in support of this petition submitted that the Tribunal acted beyond the scope of its jurisdiction which was confined only to examine mala fides and coram non judice. In support of this he relied on the case of Sheikh Abdul Hameed and 2 others v. WAPDA (P L D 1988 S C 35). Point raised by the learned counsel needs detailed examination. Leave is accordingly granted. Appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months. M.B.A./W‑57/S Leave granted.