Case Details

Citation(s)
2022 SLG 775 2022 SLD 775 2022 SCMR 611
Supreme Court of Pakistan
Civil Appeals Nos. 1576 and 1577 of 2019, decision dated: 8-01-2020, hearing date: 8-01-2020 (Against the order dated 27.10.2016 of the Islamabad High Court, Islamabad passed in Writ Petitions Nos. 1448 and 1593 of 2015)
IJAZ UL AHSAN, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Muhammad Ramzan Khan, Advocate Supreme Court for
Respondent No. 1 (in C.A. No. 1576 of 2019). Ms. Shireen Imran, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for
Respondent No.1 (in C.A. No. 1577 of 2019).

NATIONAL ELECTRIC POWER REGULATORY AUTHORITY (NEPRA) THROUGH CHAIRMAN

VS

AIJAZ AHMED AND OTHErs

Law: Criminal Procedure Code (V of 1898)

Section: 167(5),497

Law: Penal Code (XLV of 1860)

Section: 379,380,381

Criminal Procedure Code (V of 1898)---Ss. 167(5) , 497---Penal Code (XLV of 1860), Ss. 379, 380 , 381---Theft by female house maid---Bail, grant of---Offences alleged do not fall within the prohibitory clause of S. 497, Cr.P.C.---Doors for release of accused, being a female with no past record, were statutorily wider and, thus, her continuous detention, was serving no useful purpose---Evidentiary value of the stolen gold ornaments, allegedly recovered on disclosure of the accused, could best be adjudged during the trial---Furthermore the accused was held in police custody in violation of S. 167(5), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. ORDER: GULZAR AHMED, CHIEF JUSTICE: . No.1 in both the listed appeals, i.e. Aijaz Ahmed and Syed Iftikhar ul Hassan were appointed as Director (M, E) in (NPG-4) by the petitioner-Department vide letter dated 17.1.2014 respectively. In terms of clause 2(III) of their appointment letter, they were to remain on probation for a period of one year. Both the respondents joined service with the appellant Department. Their performances were evaluated by the concerned officers of the appellant and in the evaluation reports, their services were found not to be satisfactory. The reports of the evaluation officers were placed before the Authority who considered such evaluation reports in its meeting dated 9.1.2015 and in the minutes of the said meeting, ultimately made the following decision:- The Authority, after due deliberations and considering all aspects of the matter, decided that since performance of the two officers, Syed Iftikhar ul Hassan, Director (Generation) and Mr. Aijaz Ahmed Qazi, Director (T, D), were not up to the mark and they had been evaluated by their concerned reporting officers as ‘unsatisfactory’ during their probation period, therefore, the services of the two officers may be terminated with immediate effect by giving them one month’s salary in lieu thereof. All the four persons representing the Authority have signed the minutes of the said meeting. The competency of the Authority or the minutes of the said meeting are not under challenge.…
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