Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17 (1-A) read with Constitution of Pakistan (1973), Art. 8(1)(2)­--WAPDA employee-Service terminable on 3 months' notice according to original terms of service-Service made terminable on one month's notice by S. 17(1-A) of West Pakistan WAPDA Act, 1958 by amending Act subsequently in 1975-Contention that such amendment being derogatory of existing right was violative of constitutional guarantees vide Art. 8(1) (2) of 1973 Constitution-Terms of appointment containing clause that appointee will be governed by such conditions of Service as the authority may from time to time prescribe-Contention, in circumstances, repelled. P L D 1970 Pesh. 37 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)---- ----S. 17 (1-A)-Appellant being processed under West Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1966-Enquiry pending at time of amendment of, and insertion of S. 17(1-A) in West Pakistan - WAPDA Act, 1958-Appellant removed from service under S. 17 (1-A)-Contention of mala fide on plea that having once recourse to normal disciplinary proceedings Authority could not invoke provisions of S. 17 (1-A)-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 enmity-Presump­tion 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. Zia G. Shaikh for Appellant. Syed Shakir Ali for Respondent. Date of hearing : 26th November, 1978. ORDER B. G. N. KALI (MEMBER).-Gordhandas son of Maniram aggrieved and dis­satisfied with Order No. S.O. (1)/1/25 W. A. A. 76/1090, dated 9-10-1976 where­by he was removed from service has submitted the instant appeal against the aforesaid order under section 4 of the Service Tribunal Act, 1973. The appellant was appointed in WAPDA service w. e. f. 4-8-1964 and had served for about 13 years. He was subjected to departmental action twice during…

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