Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ----S. 17(1-A)---Constitution of Pakistan (1973), Art. 212(3)---Removal from service of WAPDA employee---Dismissal of employee's appeal on ground that he had alleged neither "mala fides" nor proved the same---Leave to appeal was granted to consider whether Service Tribunal had rightly held that appellant neither alleged nor proved "mala fides". WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18 and WAPDA v. Sh. Abdul Qadeer 1986 SCMR 1541 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S. 17(1-A)--Constitution of Pakistan (1973), Art. 212---Removal from. service of WAPDA employee---Service Tribunal dismissed appellant's appeal against his removal on the ground that he had neither alleged "mala fides" in grounds of appeal nor proved the same---Validity---Finding of Service Tribunal that employee had not alleged "mala fides" in grounds of appeal yeas unfounded---Employee had not only asserted that impugned order of his removal from service was tainted with "mala fides" attributable to a named officer but had also furnished some details thereof, as well---Service Tribunal, thus, erred in dismissing appeal ignoring material on record---Order of dismissal of appeal was set aside and case was remanded to Service Tribunal so that it might examine whether impugned order of removal from service was tainted with "mala fides". JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J: --This appeal, with the leave of this Court, is directed against the order dated 14-7-1993 of the Federal Service Tribunal, Islamabad (to be hereinafter called as the Tribunal) dismissing the appeal of the appellant against the order of his removal from service passed by respondent No. 1 in exercise of powers conferred on it under section 17(1-A) of the WAPDA Act, 1958 (to be hereinafter referred to as the Act). 2. Brief facts are that the appellant was employed as Transport Supervisor, G.S.O. Circle, WAPDA, Rawalpindi. He was served with a show-­cause notice dated 24-12-1988 as to why he should not be retired or removed from service under section 17(1-A) of the Act due to his acts of…

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