| Citation(s) |
|---|
| 1998 SLG 1259 1998 SLD 1259 1998 PLC 161 |
Supreme Court of Pakistan
Civil Appeals Nos.28, 29, 90, 91, 535, 537, 439, 440, 441,1123, 1124, 1125, 1177 and 379 of 1997, decision dated: 21stNovember, 1997.
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
Civil Appeals Nos.28, 29, 90, 91, 535, 537, 439, 440, 441,1123, 1124, 1125, 1177 and 379 of 1997, decision dated: 21stNovember, 1997.
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
WAPDA and othersvsSIKANDAR ALI ABRO and othersCivil Appeal No. 29 of 1997WAPDA and anothervsRAB NAWAZCivil Appeal No. 90 of 1997WAPDA and 3 othersvsMUHAMMAD NAWAZCivil Appeal No. 91 of 1997WAPDA and 3 othersvsANWAR-ULHAQCivil
Law:
Section:
(a) West Pakistan Mater and Power Development Authority Act (XXXI of 1958)--------S. 17(1-A) [as wended by Pakistan Water and Power Development Authority (Amendment) Act (XIII of 1994)]---Constitution of Pakistan (1973), Art. 212(3)--Leave to appeal was granted to determine scope of S. 17(1-A), West Pakistan Water and Power Development Authority Act, 1958, especially after t was amended by Act XIII of 1994. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A) [as amended by Pakistan Water and Power Development Authority (Amendment) Act (XIII of 1994)]---Constitution of Pakistan (1973), Art. 212---Quattum of change brought about by amended S. 17(1-A) of the Act---Provisional S. 17(1-A) as amended though did not take away discretion of Authority completely to remove its employees, yet the same did have effect of curtailing such discretion---Comparison of S. 17(1-A) of the Act as it stood before amendment and after amendment with special reference to removal of employer, elucidated. Under section 17(1-A) of the West Pakistan Water and Power Development Authority Act, 1958 as it originally stood, the Authority could remove an employee without disclosing the reasons for such removal by just giving the concerned employee either 30 days' notice or pay in lieu thereof. However, under the anended section 17(1-A), the Authority now cannot remove an employee without first informing him the grounds on which action for his removal from service was being taken and allowing him an opportunity of showing, cause in writing against the proposed action. This change in the procedure for removal of an employee under section 17(1-A) of the Act, intended to remove the taint of arbitrariness, if any, in such action. This, however, would not mean that the discretion available to Authority under section 17(1!-A) b dispense with the services of an employee has been taken away by the amendment of 1994. The amendment introduced in section 17(1-A) by Act XIII of 1994 has the effect of only circumscribing the discretion of the Authority by providing a different procedure for removal of employee from service. The contention of the respondents that after…
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