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

Section: 17 (1A)

Law: Constitution of Pakistan, 1973

Section: 8(1)(2)

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958) S. 17 (1A) read with Constitution of Pakistan (1973), Art. 8(1)(2) WAPDA employeeService terminable on 3 months' notice according to original terms of serviceService made terminable on one month's notice by S. 17(1A) of West Pakistan WAPDA Act, 1958 by amending Act subsequently in 1975Contention that such amendment being derogatory of existing right was violative of constitutional guarantees vide Art. 8(1) (2) of 1973 ConstitutionTerms of appointment containing clause that appointee will be governed by such conditions of Service as the authority may from time to time prescribeContention, in circumstances, repelled. P L D 1970 Pesh. 37 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958) S. 17 (1A)Appellant being processed under West Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1966Enquiry pending at time of amendment of, and insertion of S. 17(1A) in West Pakistan  WAPDA Act, 1958Appellant removed from service under S. 17 (1A)Contention of mala fide on plea that having once recourse to normal disciplinary proceedings Authority could not invoke provisions of S. 17 (1A)Law as amended, held, does not restrict Authority from. such action in case of pending disciplinary proceedings and alternate powers being not available prior to amendment mala fide cannot be presumed on vague allegation in absence of suggestion of any personal grudge or enmityPresump tion of regularity in all official acts, held, to be drawn unless rebutted. PLD 1974 SC 151 rel. P L D 1968 S C 112 distinguished. Date of hearing : 26th November, 1978.                                                                                                                          ORDER B. G. N. KALI (MEMBER).Gordhandas son of Maniram aggrieved and dis satisfied with Order No. S.O.…