Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-----S.17(1-A)--West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--Service Tribunals Act (LXX of 1973), Ss. 4 & 6--Service Tribunal's powers to confirm, set aside, vary or modify orders impugned before it including powers of varying the order of removal and converting same into one of retirement--Every case of irregularity committed by an employee must not be followed by a departmental inquiry under the WAPDA Employees Efficiency and Discipline Rules, 1978 and action under S.17(1-A) is permissible even without such inquiry--Such an action under S. 17 (1-A) of the Act is permissible even where departmental inquiry had been started and only ground on which such an order could be challenged was of mala fide and coram non judice. [p. 36] A Osman Ghani v. Federal Service Tribunal and another 1986 SCMR 1875 distinguished. Water and Power Development Authority v. Mumtaz Hussain Civil Appeal No.276 of 1983 and WAPDA v. Saeed Ahmad 1986 SCAR 725 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---9. 17(1-A)--Action taken under S. 17(1-A) can be annulled only on the basis of mala fide and coram non judice--Mere fact that before taking action under S. 17(1-A) proceedings had also been initiated under WAPDA Employees (Efficiency and Discipline) Rules, 1978 would not be enough to set aside the order under S. 17(1-A) of the Act. [P. 38] 8 WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18, WAPDA v. Saeed Ahmad 1986 S C M R 725, 1986 S C M .R 571 and 582 and 1987 S C M R 261 ref (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---9. 17(1-A)--Service Tribunal Act (LXX of 1973), Ss. 4 & 6-­Authority, by laying guidelines for subordinate functionaries, was not rendered denuded of its powers to act under S. 17(1-A) which were unspecified and unfettered--Where, however, action under S. 17(1-A) suffered from mala fides and/or it was coram non judice Service Tribunal had control over that. [p. 38] C WAPDA and another v Muhammad Arshad Qureshi 1986 SCMR 18 ref. ORDER MUHAMMAD AFZAL…

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