Case Details

Citation(s)
1987 SLG 797 1987 SLD 797 1987 SCMR 2007
Supreme Court of Pakistan
Civil Appeal No.813 of 1984, decision dated: 26-10-1986.From the judgment of Federal Service Tribunal, Islamabad, dated 19-5-1984, passed in Appeal No.137(R) of 1984
ABDUL KADIR SHAIKH, ALI HUSSAIN QAZILBASH, AND MIAN BURHANUDDIN KHAN, JJ
Muhammad Saleem Shahnazi. Advocate Supreme Court and Sh. Salah-ud-Din Advocate-on-Record for Appellant. Imtiaz Muhammad Khan, Advocate-on-Record for
Respondent

MAHMOOD AHMED

VS

WAPDA through its Chairman

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) a (1-C)--Constitution of Pakistan (1973). Art. 212(3)--Leave to appeal granted to consider whether in view of complete ouster of jurisdiction under S. 17(1-C) of WAPDA Act, Service Tribunal could assume jurisdiction and interfere with orders of WAPDA, in respect of its employees. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A), (1-C)--Removal of WAPDA employee from service--Question of jurisdiction of Service Tribunal in such matters stands decided in 1986 S C M R 18--Service Tribunal coming to conclusion that there was convincing evidence against appellant for alleged acceptance of illegal gratification and dismissing his appeal--Finding arrived at by Service Tribunal found to be based on appraisal of evidence which did not require any interference--Appeal having no merit dismissed. WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 ref. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the order of the Federal Service Tribunal, dated 19-5-1984. 2. The appellant was a Stenographer in the WA PDA Cantt. Division, Gujranwala, and was placed under suspension with effect from 30-7-1980 because of his arrest by the Anti-Corruption Police for accepting illegal gratification. He was, however, re-instated on 26-3-1981. The appellant was again charge-sheeted but the Executive Engineer vide his letter dated 5-3-1981 recommended departmental action against the appellant. As a general policy, the WAPDA decided that persons against whom criminal cases had been registered should be removed…
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