Case Details

Citation(s)
2016 SLG 2872 2016 SLD 2872 2016 PLC 952
Lahore High Court
Writ Petition No. 26319 of 2015, decided on 27th April, 2016. Date of hearing: 27th April, 2016.
MIRZA VIQAS RAUF, JUSTICE
Muhammad Raza Qureshi for Petitioner. Hafiz Tariq Naseem and Usman Akram Sahi for
Respondents.

MUHAMMAD ARSHAD RAFIQUE

VS

GOVERNMENT OF PAKISTAN THROUGH SECRETARY AND 4 others-

Law: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978

Section: 5

Law: General Clauses Act, 1897

Section: 21

Law: Civil Servants Act, 1973

Section: 26

Law: Pakistan Water and Power Development Authority Act, (XXXI of 1958)

Section: 3(3)

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- --------R. 5---Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 3 (3)---General Clauses Act (X of 1897), S. 21---Employee of Water and Power Development Authority---Criminal charge against---Suspension---Scope---Contention of employee was that suspension was not to be for indefinite period---Validity---Authority appointing the employee had power to undo the same---Federal Government had supervisory authority of the employer---Employee was involved in criminal cases having allegations of corruption and misappropriation---No illegality had been committed by the department while placing the employee under suspension---Suspension was not a punishment and employee even under suspension was entitled to full emoluments---Constitutional petition was dismissed in circumstances. Suo Motu Case No.18 of 2010, in the matter of Violation of Public Procurement Rules, 2004 PLD 2011 SC 927; Muhammad Arshad Kaleem v. Chairman Town Committee and others 1991 PLC (C.S.) 80 and Government of N.W.F.P. v. I.A. Sherwani and another PLD 1994 SC 72 ref. Engineer Ghazanfar Ali Khan and others v. F.O.P. and others 2014 CLD 664 and Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others 2010 SCMR 253 rel. (b) Civil Servants Act (LXXI of 1973)--- --------S. 25---Instructions contained in ESTACODE had the force and effect of Rules by virtue of S.25 of Civil Servants Act, 1973. Fazali Rehmani v. Chief Minister, N.W.F.P. Peshawar and others PLD 2008 SC 769 rel. (c) Civil service--- --------Suspension---Scope---Suspension was not a punishment and employee under suspension would be entitled to full emoluments. Ghaffar Ali and others v. Provincial Police Officer, Khyber Pakhtunkhwa and others 2014 PLC (C.S.) 558 and Muhammad Haroon v. Water and Power Development Authority PLD 1978 Lah. 1108 rel. (d) Constitution of Pakistan--- --------Art. 199---Constitutional petition---Maintainability---Civil service---Statutory rules---Constitutional petition would only be maintainable on behalf of an employee whose services were to…
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