| Citation(s) |
|---|
| 1988 SLG 2850 1988 SLD 2850 1988 SCMR 1922 |
Supreme Court of Pakistan
Civil Petitions Nos.13-Q and 31-R of 1987, decided on 2nd June, 1988. (From the judgment/order of Federal Service Tribunal, Islamabad, Dated 14-12-1986 in Appeal No. 3-Q of 1983). Date of hearing: 2nd June, 1988.
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petitions Nos.13-Q and 31-R of 1987, decided on 2nd June, 1988. (From the judgment/order of Federal Service Tribunal, Islamabad, Dated 14-12-1986 in Appeal No. 3-Q of 1983). Date of hearing: 2nd June, 1988.
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Malik AHMAD NAWAZ
VS
WAPDA--Respondent
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Punjab Service Tribunals Act, (IX of 1974)
Section: 4
(a) Constitution of Pakistan (1973)- ---Art.212(3)--Punjab Service Tribunals Act (IX of 1974), S.4-Misreading of evidence-- Removal from service on charges of misconduct--Service Tribunal in appeal upheld charges but reduced punishment to retirement from service--Leave to appeal granted to consider contention that on reference to documentary evidence on record, allegations of misconduct against petitioner would be found incorrect. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Constitution of Pakistan (1973), Art. 212(3)--Misreading of evidence-- Limitation--Time-barred appeal--Reduction of sentence by Service Tribunal, challenged-- Leave to appeal granted to consider contention that Service Tribunal wrongly condoned delay in filing of appeal without adverting to relevant evidence on record and that charges being proved against accused employee Service Tribunal had erred in reducing penalty imposed upon him. ORDER ABDUL KADIR SHAIKH, J.--This is a second round of litigation before this Court, the first one having been brought by WAPDA, petitioner in C.P.L.A. No.31-R of 1987 and respondent in C.P.L.A. No.13-Q of 1987, which was decided by this Court in Civil Appeal No.803 of 1984 with a result that the case was remanded to the Service Tribunal with certain directions contained in the judgment dated 10-12-1985. On remand of the case, the Service Tribunal condoned the delay in the filing of the appeal of Malik Ahmad Nawaz, petitioner in C.P.L.A. No.13-Q of 1987 and respondent in C.P.L.A. No.31-R of 1987, but upheld the order passed against him, with modification that his removal from service was altered to his retirement from service, and with this modification his appeal was otherwise dismissed. On merits of the case the Service Tribunal upheld the charge against him that as a Line Superintendent he was interfering with the affairs of other formations, in that, he removed the old meter from the premises of M/s. Noor Band Wood Factory on 9-5-1982, when he was working in some…
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