| Citation(s) |
|---|
| 1997 SLG 750 1997 SLD 750 1997 SCMR 1161 |
Supreme Court of Pakistan
Civil Appeal No. 809 of 1989, decision dated: 18-12-1991
SHAFIUR RAHMAN, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
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Civil Appeal No. 809 of 1989, decision dated: 18-12-1991
SHAFIUR RAHMAN, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
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DIRECTOR (ESTABLISHMENT), S&GA DIVISION, WAPDA and others
VS
ASHIQ HUSSAIN KHAN
Law:
Section:
(a) Water and Power Development Authority (Efficiency and Discipline) Rules, 1978--R.4---Constitution of Pakistan (1973), Art. 212(3)---Employee of Water and Power Development Authority---Misconduct---Removal from service---Service Tribunal modifying penalty of removal to forfeiture of three increments--Validity---Leave to appeal was granted to examine whether Service Tribunal, while upholding conclusions of Departmental Authorities against respondent, was justified in interfering and reducing penalty imposed upon him. (b) Water and Power Development Authority (Efficiency and Discipline) Rules, 1978--- ----R.4---Constitution of Pakistan (1973), Art. 212---Removal from service--Employee's conduct had two obnoxious features; firstly, it showed extreme act of misconduct whereas he was expected to observe decorum and grace both in language and conduct in dealing with public and superiors and secondly such conduct would suggest element of blackmail, whereby superiors could be prevented from taking disciplinary actions against those at fault---Such conduct being pervasive could not justify any interference in punishment awarded on any ground legal or equitable---Judgment of Service Tribunal whereby punishment awarded to employee was reduced was set aside and punishment of removal from service awarded by Departmental Authority was restored in circumstances. Asif Saeed Khan Khosa, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Appellants. M. Adam Chaudhry, Advocate-on-Record for Respondent. Date of hearing: 18th December, 1991. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Service Tribunal while upholding the conclusions of the departmental authorities' against the respondent was justified in interfering and reducing the penalty imposed on him. 2. The respondent was employed as a Stenographer. He' was charged for misconduct on three counts. One of the charges was that "on receipt of his suspension orders, he started abusing, threatening and snarling at Secretary (RAB), WAPDA, in a filthy tone". The departmental authorities on enquiry found this allegation to be…
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