| Citation(s) |
|---|
| 1997 SLG 1003 1997 SLD 1003 1997 PLC 1213 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 371, 372 and 373-L/1997, decision dated: 7-04-1997. (On appeal from the judgment dated 23-1-1997 passed by the Federal Service Tribunal in Appeals Nos. 239-L, 240-L and 244-L/96).
ZIA MAHMOOD MIRZA, IRSHAD HASAN KHAN AND RAJA AFRASIAB KHAN, JJ
S.M. Masud, Advocate Supreme Court instructed by Mahmudul Islam, Advocate onRecord for Petitioners. Muhammad Asghar Malik, Advocate Supreme Court and Ch. Muhammad Aslam, AdvocateonRecord for
Respondents (in C.P. No. 372L of 1997.
Civil Petitions for Leave to Appeal Nos. 371, 372 and 373-L/1997, decision dated: 7-04-1997. (On appeal from the judgment dated 23-1-1997 passed by the Federal Service Tribunal in Appeals Nos. 239-L, 240-L and 244-L/96).
ZIA MAHMOOD MIRZA, IRSHAD HASAN KHAN AND RAJA AFRASIAB KHAN, JJ
S.M. Masud, Advocate Supreme Court instructed by Mahmudul Islam, Advocate onRecord for Petitioners. Muhammad Asghar Malik, Advocate Supreme Court and Ch. Muhammad Aslam, AdvocateonRecord for
Respondents (in C.P. No. 372L of 1997.
WAPDA through Chairman, WAPDA House, Lahore and another
VS
LIAQUAT ALI, EXSUBDIVISIONAL OFFICER, WAPDA and another
Law:
Section:
West Pakistan Water and Power Development Authority Act (XXXI of 1958)S.17(1A)Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, Rr.4 & 5Constitution of Pakistan (1973), Art. 212(3) Employees of WAPDARemoval from service after service of notices charging them with embezzlement/misappropriation of public moneyService Tribunal remanded case for reconsideration, inter alia, on ground that when employee was proceeded against in respect of inefficiency, indiscipline and misconduct, he could only be proceeded against under Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, .1978 and that action under S.17(1A), West Pakistan Water and Power Development Authority Act, 1958, could not be taken against employee Validity Leave to appeal having been granted by Supreme Court in other cases to examine scope and true import of provision of S.17(1A), West Pakistan Water and Power Development Authority Act, 1958, leave to appeal was also granted in present petitions which would be heard alongwith connected appeals. Aijaz Nabi Abbasi v. Water and Power Development Authority 1992 SCMR 774; WAPDA v. Muhammad Arshad Qureshi 1986 SCMR 18 and WAPDA v. Fida Muhammad Khan 1996 SCMR 639 ref. ORDER IRSHAD HASAN KHAN, J.This order will dispose of aforementioned petitions for leave to appeal in which identical questions of law require consideration. 2. The respondents were removed from service of Wapda after they were served with notices charging them with embezzlement/misappropriation of public money amounting to Rs. 5,31,169 and deliberate concealment of cash vouchers worth Rs. 26,24,865 to avoid further detection of fraud/misappropriation. Feeling aggrieved with their removal from service vide order dated 551996, the respondents filed separate departmental appeals and after expiry of 90 days thereof preferred appeals before the Federal Service Tribunal which accepted their appeals and remanded the case of WAPDA for reconsideration, inter alia, on the ground that when an employee is proceeded against in respect of inefficiency, indiscipline and misconduct, he can only be proceeded against under WAPDA Efficiency and…
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