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

Section: 4, 18

  (a) Constitution of Pakistan (1972) - Art. 201 read with Art. 290-Word "person"--Includes any body politic or corporate-Authority (WAPDA) constituted under Act XXXI of 1958 is a "person" functioning in connec tion with affairs of Province-West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 4. The definition of the word 'person' as given in Article 290 of the 1972 Constitution includes any body politic or corporate. The Autho rity constituted by the West Pakistan Act (XXXI of 1958) (hereinafter called the Act) is a body corporate. The object of the Act as given in the preamble is "to provide for the unified and coordinated development of the water and power resources. of West Pakistan. The constitution of the Authority has a completely official complexion. Under section 4 of the Act it is to consist of a Chairman and not more than two members to be appointed by the Government. Their conditions of service, remunerations, re-appointment and the fixation of their tenure after re-appointment rest entirely in the hands of the Government. There is, therefore, no doubt that WAPDA is a person within meaning of Article 201 function ing in connection with the affairs of the Province in a vital and important public sphere, namely, the supply and co-ordination of the resources of Water and Power. The University of Dacca and another v. Zakir Ahmad P L D 1965 S C 90 and The Chairman, East Pakistan Industrial Development Corporation, Dacca and another v. Rustom Ali and another P L D 1966 S C 848 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958) S. 18 read with West Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1966-Contention that relations between WAPDA Authority and its employees governed by law of master and servant-Cannot be accepted without qualification-Rules bind the Authority to hold inquiry in case penalty imposed upon employee. (c) Civil service Reversion-Show-cause notice-No show-cause notice necessary where reversion is not by way of penalty but due to exigencies of service-Post, to which person had been promoted, abolished Court not to interfere with…