1987 PLP 1951 (SCMR)
GHULAM RASUL SHAH — Appellant Versus WATER & POWER DEVELOPMENT AUTHORITY and another — Respondents
| Citation | 1987 PLP 1951 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Ali Hussain Qazilbash, and Mian Burhanuddin Khan, JJ |
| Parties | GHULAM RASUL SHAH — Appellant Versus WATER & POWER DEVELOPMENT AUTHORITY and another — Respondents |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 1987 PLP 1951 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1951 (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 1951 (SCMR) (GHULAM RASUL SHAH — Appellant Versus WATER & POWER DEVELOPMENT AUTHORITY and another — Respondents). 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 Khan 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.186(R) of 1984).
S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1-A) (1-C)--Removal from service--WAPDA employee having unsatisfactory service record--Jurisdiction of Service Tribunal--Question of jurisdiction of Service Tribunal finally resolved by Supreme Court in case reported as 1986 S C M R 18--Appellant's service record was full of allegations against him and he was charge-sheeted and punished thrice--Removal from service, held, was justified. WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 ref.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J--This is an appeal by leave against the order of the Federal Service Tribunal, dated 29-5-1984.
2. Ghulam Rasul Shah, appellant, was employed in WAPDA on 12-9-1967 and worked as meter-reader in various places. On certain complaints he was suspended on 29-10-1977 and was charge-sheeted on 15-11-1977. He was, however, reinstated on 15-6-1978 but his two increments were withheld and his salary during the period he remained suspended was forfeited. After the lapse of about two years another show-cause notice was given to him to which he submitted his reply but was dismissed from service on 29-6-1980. The order of his dismissal was, however, set aside by the N.I.R.C. and he was reinstated. On 28th July, 1982 the appellant was removed from service under section 17(1-A) of the WAPDA Act. This order was challenged by way of an appeal before the Federal Service Tribunal which was dismissed through the impugned order.
3. Leave in this case was granted 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 orders of WAPDA in respect of persons employed or serving under it. This question stands resolved by this Court vide its judgment reported as WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18.
4. As for the merits, we find that the removal of the appellant from service is justified because his service record is full of allegations against him. He was charge-sheeted thrice and similarly punished on three occasions. There is no merit in this appeal and the same is dismissed. M.I./G-43/S Appeal dismissed.