Law:

Section:

JUDGMENT MIRZA VIQAS RAUF, J. The petitioner, Muhammad Arshad Rafique, by way of instant petition assails the vires of Notification dated 2nd of June, 2014 whereby he was placed under suspension with immediate effect and until further orders. 2. Precisely the facts relevant and necessary for the adjudication of instant petition are that the petitioner initially joined Water and Power Development Authority (i.e. WAPDA) as a civil servant in the year, 1979 as SDO. Later on he was promoted as XEN in 1993. In the meanwhile, Cabinet Committee on Privatization approved a strategic plan for restructuring the Power Wing of WAPDA which was subsequently acknowledged by the Economic Coordination Committee and Council of Common Interests as the "Restructuring Policy". By virtue of said policy, functions of WAPDA were bifurcated in two entities and in this way, WAPDA was made responsible for Water and Hydropower Development and an incorporated entity, PEPCO was vested with the responsibility of Thermal Power Generation, Transmission, Distribution and Billing which functions were to be performed through corporatized nine distribution companies termed as "DISCOs", four generation companies "GENCOs" and a National Transmission Dispatch Company "NTDC" In furtherance of the Restructuring Policy, "LESCO" was duly incorporated as a Public Limited Company under the Companies Ordinance, 1984 on 18.02.1998 as one of nine Distribution Companies. Upon incorporation of "LESCO" on 16.01.2003, the petitioner was absorbed in the same against the post of XEN. The petitioner with the efflux of time earned gradual promotions. Initially, he was promoted in BSP-19 by the Competent Authority and resultantly, he became Chief Engineer in the year 2012. The petitioner was ultimately appointed as Acting Chief Executive Office of "LESCO" on 12.07.2013. Finally, the petitioner was placed under suspension vide Notification dated 2nd of June, 2014, hence this petition. 3. Mr. Muhammad Raza Qureshi, Advocate representing the petitioner submitted that impugned notification is not sustainable because such powers can only be exercised by the Board of Directors. He added that neither any reasons have been…

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