1987 PLP 1931 (SCMR)
WATER AND POWER DEVELOPMENT AUTHORITY — Appellant Versus MUHAMMAD AZHAR — Respondent
| Citation | 1987 PLP 1931 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ |
| Parties | WATER AND POWER DEVELOPMENT AUTHORITY — Appellant Versus MUHAMMAD AZHAR — Respondent |
| Primary Law | (a) Service Tribunals Act (LXX of 1973), (b) Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 1987 PLP 1931 (SCMR)?
This judgment primarily cites: (a) Service Tribunals Act (LXX of 1973), (b) Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1931 (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 1931 (SCMR) (WATER AND POWER DEVELOPMENT AUTHORITY — Appellant Versus MUHAMMAD AZHAR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maulvi Siraj-ul-Haq, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellant.
- Sh. Salahuddin, Advocate-on-Record and Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court for Respondent.
- Date of hearing: 26th October, 1986.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal, Islamabad, dated 9-7-1984, passed in Appeal No.432(L) of 1982). --S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A)--Jurisdiction of Service Tribunal--Removal from service of WAPDA employee--Service Tribunal, held, had jurisdiction to entertain and adjudicate upon such matter. WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 ref. --S. 4--Constitution of Pakistan (1973), Art. 212(3)--Appellant having failed to produce documents required by Service Tribunal for its examination--Service Tribunal, held, was justified in accepting appeal of respondent--No documents produced before Supreme Court either to examine whether any material existed against respondent for his removal from service--Appeal dismissed.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the order of the Federal Service Tribunal, Islamabad, dated 9-7-1984.
2. The facts are that Muhammad Azhar respondent was working as an Executive Engineer in WAPDA since February 1971. He was removed from service under section 17(1-A) of the WAPDA Act, 1958, by order dated 17-4-1982. He filed an appeal against the order of his removal from service before the Federal Service Tribunal, Islamabad, which, by its order dated 9-7-1984, accepted the same and ordered his reinstatement without prejudice to the departmental proceedings already pending against him.
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, 1958, the Service Tribunal could assume jurisdiction and interfere with the orders of WAPDA in respect of persons employed or serving under it.
4. We have heard the learned counsel for the parties and have gone through the record of the case. As for the question of jurisdiction of the Tribunal, it has been held by this Court in WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 that the Service Tribunal has the jurisdiction to entertain and adjudicate upon the matter. As for the merits, the appellant had failed to produce the documents required by the Service Tribunal for its examination in spite of the time allowed to it, therefore, the Tribunal was justified in accepting the appeal. The same was the position of the appellant here before us. No document whatsoever was produced for us to examine whether any material existed against the respondent for his removal from service.
5. Thus finding no merit in this appeal, the same is dismissed. S.Q./W-10/S Appeal dismissed.