Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S. 17(1-A)--Service Tribunals (Procedure) Rules, 1974, R. 6(2)--Service Tribunals Act (LXX of 1973), S. 4--Employee's removal from service--Legality-­Grounds of appeal showed that there was no dispute regarding the competency of Authority which passed the order of removal--Amenability of employee for exercise of powers under S. 17(1-A) of the Act XXXI of 1958 was also not questioned in appeal--Thus, the only ground available to employee for seeking judicial scrutiny of the impugned order was that of presence of mala fides or the presence of taint of mala fides in the exercise of those powers--Employee's failure to specifically plead the presence of mala fides with clarity was indicative of the fact that the order of removal was passed in good faith and in bona fide exercise of powers conferred upon the Authority under S. 17-A of the Act XXXI of 1958-­Employee's pleading thus did not constitute a positive charge of the presence of malice, as would justify a judicial examination of the matter in accordance with Supreme Court's rule laid down in Muhammad Arshad Qureshi's case reported as 1986 S C M R 18--In absence of any proof, no case of mala fides or presence of taint of mala fides on the part of Authority passing order of removal, was made out--Appeal against order of removal dismissed as devoid of merit. JUDGMENT CH. HASAN NAWAZ (MEMBER).---This appeal under section 4 of the Service Tribunals Act, 1973, purports to challenge the validity of the order of appellant's removal from service under section 17(1-A) of the WAPDA Act, 1958, passed by the respondent-Authority on 22-9-1983, when he was serving as Senior Storekeeper with Mechanised Construction of Pakistan Ltd. to whom his services were transferred on 1-9-1974 alongwith other members of the staff of Machinery Pool Organisation, WAPDA. 2. In 1986 S C M R 18 (WAPDA and another v. Muhammad Arshad Qureshi) it was ruled by the Supreme Court that the "matters required to be examined in scrutinising the exercise of power under subsection (1-A) are (a) the competency of the individual or body taking action under it (b) the amenability of…

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