Case Details

Citation(s)
1987 SLG 781 1987 SLD 781 1987 SCMR 1947
Supreme Court of Pakistan
Civil Appeal No.197 of 1986, decision dated: 21st June, 1987.On appeal from the judgment and order of the Federal Service Tribunal Camp Lahore dated 18-10-1984 passed in Appeal No.625(L) of 1982
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND S. A. NUSRAT, JJ
Syed Iftikhar Ahmed, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan Advocate-on-Record for Appellant. Ch. Khalilur Rehman, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondent.

WAPDA

VS

Rao ZILLEDAR KHAN-

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)----- S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A)--Constitution of Pakistan (1973), Art. 212(3)--Leave to appeal granted to examine contention that material available on record had been misread by Tribunal in reaching conclusion that the Authority had not passed any order of removal of respondent (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A) read with Ss. 2(i), 3, 4 & 7--Removal from service of WAPDA employee--Term "Authority"--Definition-­Tribunal, on scrutiny of record placed before it holding that there existed no order of removal of respondent passed by Authority on the record and observing (i) that an order of removal under S. 17(1-A) of WAPDA Act was a very material and important order, it should be a speaking order and not vague and (ii) that order of Member (Power) was not specific because there was no mention therein that he was ordering removal of respondent from service under S, 17(1-A) of WAPDA Act--Perusal of impugned and various office nothings brought on record showing that findings of Tribunal were unexceptionable--Appeal found to be without any merits and dismissed. JUDGMENT S.A. NUSRAT, J.--This appeal is from the judgment dated 18-10-1984 of the Federal Service Tribunal; whereby the service appeal of the respondent against the order of his removal from service of WAPDA was allowed. 2. The respondent, who was working at the relevant time as Budget and Accounts officer in the office of the Director Accounts, Area Electricity Board (Power), Multan, was proceeded against under section 17(1-A) of the WAPDA Act, 1958 (hereinafter referred to as the Act) and was removed from service by an order dated 21-7-1982 purported to have been passed by the Authority, without assigning any reason by giving him 30 days pay in lieu of notice." The order was issued under the signature of Deputy Director (Confidential), WAPDA, Lahore. The appeal of the respondent from the above order was allowed by the Service Tribunal solely on the ground that all the members of the Authority had not agreed…
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