2003 PLP (C (PLC(CS))
MUHAMMAD NAVEED IQBAL Versus WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed, C. J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ |
| Parties | MUHAMMAD NAVEED IQBAL Versus WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others |
| Primary Law | Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978 |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed, C. J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (MUHAMMAD NAVEED IQBAL Versus WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ali Hussain Gilani, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner.
- Muhammad Nawaz Bhatti, D.A.G. for Respondents.
- Date of hearing: 18th November, 2002.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal dated 7-5-2002 passed in Appeal No.1479(L)(CS)/2000).
Rr.4 & 10
Service Tribunals Act (LXX of 1973), S.4
Constitution of Pakistan (19731, Art. 212(3)
Back benefits-- Determination
Civil servant was proceeded against under the provisions of Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, and was awarded penalty of compulsory retirement from service
Appeal before Service Tribunal, against the penalty imposed by the Authorities, was allowed and the civil servant was reinstated in the service
Service Tribunal left the matter relating to back benefits to the Authorities
Plea raised by the civil servant was that withholding the back benefits was not proper and legal
Service Tribunal having considered the question relating to the grant of back benefits to the civil servant, had rightly left it open for decision by the concerned Authority on conclusion of the departmental inquiry, if any
Supreme Court declined to take any exception to the discretion exercised by the Tribunal
No question of law of public importance being involved in the petition for interference of Supreme Court
Leave to appeal was refused.
Judgment & Decree
Rr.4 & 10
Service Tribunals Act (LXX of 1973), S.4
Constitution of Pakistan (19731, Art. 212(3)
Back benefits-- Determination
Civil servant was proceeded against under the provisions of Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, and was awarded penalty of compulsory retirement from service
Appeal before Service Tribunal, against the penalty imposed by the Authorities, was allowed and the civil servant was reinstated in the service
Service Tribunal left the matter relating to back benefits to the Authorities
Plea raised by the civil servant was that withholding the back benefits was not proper and legal
Service Tribunal having considered the question relating to the grant of back benefits to the civil servant, had rightly left it open for decision by the concerned Authority on conclusion of the departmental inquiry, if any
Supreme Court declined to take any exception to the discretion exercised by the Tribunal
No question of law of public importance being involved in the petition for interference of Supreme Court
Leave to appeal was refused. Syed Ali Hussain Gilani, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Muhammad Nawaz Bhatti, D.A.G. for Respondents. Date of hearing: 18th November, 2002. MUHAMMAD NAWAZ ABBASI, J
The petitioner, an employee of Water and Power Development Authority (WAPDA) was proceeded against for the charge of misconduct under Pakistan WAPDA (E&D) Rules, 1978 and was awarded the punishment of compulsory retirement from service vide order dated 15-7-1999. The departmental appeal filed by the petitioner was not decided within the statutory period and he approached the Federal Service Tribunal for. redressal of his grievance. The Tribunal having dilated upon the matter in detail, allowed the appeal vide judgment dated 7-5-2002 and directed reinstatement of the petitioner in service without back-benefits.
2. The petitioner through this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 has sought leave to appeal against the judgment of Service Tribunal to the extent of refusal of back-benefits.
3. Learned counsel for the petitioner has contended that since the petitioner was compulsorily retired from service without any legal Justification, depriving him from the legitimate right of earning of livelihood, therefore, withholding, the back-benefits was not proper and legal.
4. The perusal of the judgment of the Tribunal reveals that the Tribunal having considered the question relating to the grant of back-benefits to the petitioner, left it open for decision by the concerned authority on conclusion of the departmental inquiry, if any, therefore, we are not, inclined to take any exception to the discretion exercised by the Tribunal anti further no question of law of public importance is involved in this petition for interference of this Court. This petition is, accordingly, dismissed. M.H./M-754/S Petition dismissed.