Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A)---Constitution of Pakistan (1973), Art. 212---Leave to appeal was granted to consider whether there was discrimination ex facie to justify interference by Service Tribunal and also whether plea of discrimination could be raised in the absence of parties against whom discrimination was claimed. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--S. 17(1-A)---Civil servant---Discrimination, plea of---Civil servants claimed that Authority divided civil servants against whom inquiry for misconduct had been conducted, into different categories and different types of penalties were imposed on each category, thus, causing discrimination in the matter of punishment---Service Tribunal had found that the cases of civil servants were distinguishable from those of officers falling in another category, inasmuch as former were main culprits who had set up bad precedents and that they had continued to commit irregularities despite warnings given to them by their immediate superiors or the audit office---Such distinguishing features noticed in Service Tribunal's formed sufficiently reasonable basis for the Authority to treat civil servants included in different categories differently--­Orders passed by Service Tribunal upholding civil servants' dismissal from service, thus, did not suffer from any illegality. Fauji Foundation and another v. Shamimur Rehman PLD 1983 SC 457 and WAPDA v. Muhammad Arshad Qureshi 1986 SCMR 18 ref. JUDGMENT SAAD SAOOD JAN, J.---These are five appeals by special leave from the judgment dated 22-6-1989 of the Federal Service Tribunal dismissing the service appeals of the appellants. 2. The appellants were serving as Executive Engineers under the respondent Authority in the Lahore Region between 1981 and 1983. There were allegations of gross irregularities in the purchase and disposal of the stores in the Region. The respondent Authority constituted a Committee consisting of a Chief Engineer, Director Surveillance, and Deputy Chief Auditor to enquire into the allegations. During the course of the inquiry the Committee among other steps…

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