Case Details

Citation(s)
1983 SLG 415 1983 SLD 415 1983 SCMR 663
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 163 R of 1982, decision dated: 5-12-1982.(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad Camp, Lahore dated 29-03-1982 in Appeal No. 243 (L)/1979)
SHAFIUR REHMAN, S. A. NUSRAT AND MIAN BURHANUDDIN KHAN, JJ
Bashir Ahmad Ansari, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate on-Record for Petitioner. Nemo for
Respondents

F. U. MALIK

VS

WAPDA AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973)--Art. 185 (3) Service Tribunals Act (LXX of 1973), S. 4, proviso (a) West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1 B) Employees of WAPDA Civil servants Petitioner holding responsible position in WAPDA, approaching Labour Court, a wrong forum, for redress of grievance Service Tribunal not considering such ground sufficient for condonation of delay caused and dismissing appeal as time ¬barred Leave to appeal refused by Supreme Court. [Civil services]. ORDER MIAN BURHANUDDIN KHAN, J. Leave is sought by this petition to appeal against the order of the Federal Service Tribunal, Islamabad, (Camp) Lahore, dated 29th March, 1982, passed in Appeal No. 243/L of 1979. 2. F. U. Malik, petitioner was a permanent employee of Wapda since 1960, and serving as Senior Budget and Accounts Officer in the office of the Manager, Finance (Power) Wapda House, Lahore, when he was charge sheeted on 6th June, 1977, by the Member (Finance) for nepotism in the award of certain contracts and misconduct for construction of a bungalow in Karachi regarded as beyond the ostensible means of the petitioner. He submitted his reply to the aforesaid charge sheet on 18th June, 1977. Second charge sheet was served on him on 2nd October, 1978 wherein the first two charges were dropped and the third regarding construction of bungalow was mentioned. Petitioner submitted his reply to this charge sheet on 1st November, 1978. Thereafter, Director (Enquiries) Wapda was deputed to enquire into the charges who in his report dated 26th February, 1979, exonerated the petitioner but still the petitioner was removed from service vide order dated 6th May, 1979, recording the fact that this action was taken by the full authority of Wapda. Petitioner then served a grievance notice on the Wapda on 15th May, 1979, under section 25 A of the Industrial Relations Ordinance of 1969 to which no reply was received from the respondent Wapda. Therefore, petitioner submitted an application on 30th May, 1979 before the Punjab Labour Court No. 2, Lahore, which by order dated 31st May, 1979, suspended the operation of impugned order dated 6th May, 1979. This was…
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