| Citation(s) |
|---|
| 1993 SLG 1647 1993 SLD 1647 1993 PLC 1046 |
Federal Service Tribunal, Islamabad
Appeals Nos. 70 to 74(0) of 1990, decided on 17th June, 1,992.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAH ULLAH KHAN, MEMBER
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Appeals Nos. 70 to 74(0) of 1990, decided on 17th June, 1,992.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAH ULLAH KHAN, MEMBER
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MUHAMMAD ASLAM and 4 others
VS
Law:
Section:
West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A)---Removal from service---Validity---Authority served show cause notice on employees against whom action was to be taken and they were afforded opportunity of bearing in person before orders of their removal from service were passed---Authority although passed harsh orders against its employees but same could not be said to be mala fide action against them--Impugned orders were thus passed by competent Authority in exercise of powers under S. 17(1-A) of Act XXXI of 1958, and they were made in the situation of violent attitude adopted by employees against officers of the Authority and same were not tainted with mala fides---Impugned orders of removal from service were thus, not liable to be set aside. PLD 1987 SC 421; 1986 SCMR 18; PLD 1964 SC 21; PLD 1974 SC 291; PLD 1987 SC 421; 1989 SCMR 895; 1990 MLD 194 and 1991 SCMR 628 ref. Muhammad Asghar Malik for Appellants. Syed Iftikhar Ahmad Shah for Respondent. Date of hearing: 16th June, 1992. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---All the five appeals are of identical nature. They have been heard together. They are decided by this one judgment. 2. The appellants, namely M/s. Muhammad Aslam, Abdul Khaliq, Asif Shah, Saleh Muhammad and Shoaib Imran, were employed in different ranks with the WAPDA and were stationed at Quetta. They were removed from service under the provisions of subsection (1-A) of section 17 of the WAPDA Act, 1958 under separate orders of identical nature made on 27-1-1990. Each of them filed appeal on 1-3-1990. 3. The broad facts in the background are concisely stated in the impugned orders. The order impugned in Appeal No. 70(Q)/90 is reproduced below, while the orders impugned in other appeals are literally the same except the name of the concerned employee: O/O G.M. (M&S) WAPDA, 320 WAPDA HOUSE, LAHORE. M & S/AD (REV)05001/857/419-23 27-1-1990 OFFICE ORDER Pursuant to judgment of Supreme Court (Shariat Appellate Bench) and in exercise of powers conferred on it, under section 17(1-A) of WAPDA Act, 1958, the Authority served show-cause notice upon Mr. Muhammad Aslam, Line Superintendent 1,…
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