| Citation(s) |
|---|
| 1995 SLG 482 1995 SLD 482 1995 SCMR 46 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1033 L of 1992, decision dated: 28-03-1994.From the judgment/order of Federal Service Tribunal, Lahore, dated 30 8 1992 in Appeal No. 229(L) of 1991
SAAD SAOOD, JAN, MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chaudhary, Advocate on-Record. Nemo. Ch. Ijaz Ahmad, Deputy Attorney General
Civil Petition for Leave to Appeal No. 1033 L of 1992, decision dated: 28-03-1994.From the judgment/order of Federal Service Tribunal, Lahore, dated 30 8 1992 in Appeal No. 229(L) of 1991
SAAD SAOOD, JAN, MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chaudhary, Advocate on-Record. Nemo. Ch. Ijaz Ahmad, Deputy Attorney General
YAR MUHAMMAD
VS
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others
Law:
Section:
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 R. 12 West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.18 Constitution of Pakistan (1973), Art. 212(3) ¬Competency to amend R.12, Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, on the touchstone of S.18, West Pakistan Water and Power Development Authority Act, 1958 Provision of S.18 of the Act deals specifically with the terms and conditions of service of employees of the Authority Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, while regulating disciplinary proceedings relate to terms and conditions of service of employees of Authority, therefore, Authority was competent to make or amend them under S.18 of the Act Amendment by Authority in R.12 Rules 1978, thus, could not be assailed on ground of competency Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J. This is the second time that this petition for special leave to appeal has come up for consideration. The question that now requires determination has been formulated by Sajjad Ali Shah, J. It reads as follows: "Contention is that the' Managing Director and Authority are not competent to amend Rule 12 of the said Rules as such power is beyond the scope of section 18 of the West Pakistan Water and Power Development Authority Act XXXI of 1958 and section 29 thereof envisages framing of regulations and not rules by the Authority with the approval…
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