Case Details

Citation(s)
1998 SLG 1250 1998 SLD 1250 1998 PLC 150
Supreme Court of Pakistan
Civil Petition No. 639-L of 1995, decision dated: 8th December,, 1996. (On appeal from the judgment/order dated 12-3-1995, passed by Federal Service Tribunal, Islamabad in Appeal No. 21/6 of 1995).
ZIA MAHMOOD MIRZA AND MUKHTAR AHMAD, JUNEJO, JJ

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MUHAMMAD SAFDAR

VS

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA, Lahore and others

Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)---S.17(1-B)---Constitution of Pakistan (1973), Art. 212(3)---Employee of WAPDA---Charge-sheet against such employee---National Industrial Relations Commission setting aside charge-sheet levelled by Authority against employee---Authority proceeded against employee, notwithstanding, order of National Industrial Relations Commission whereby charge-sheet had been set aside---Service Tribunal did not interfere in order of dismissal of employee-- -Validity-Leave to appeal was granted to consider petitioner's contention that charge-sheet on basis whereof he was dismissed from service having been set aside by National Industrial Relations Commission, whether all the proceedings taken and dismissal order passed on basis of allegations made in that charge-sheet were of no legal effect. Dr. A. Basit, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. S.M. Masud, Advocate Supreme Court and Mahmoodul Islam, Advocate-on-Record for Respondents. Date of hearing: 8th December, 1996. ORDER ZIA MAHMOOD MIRZA, J.- Petitioner was served with a charge-sheet dated 21-1-1993 alleging that he had received illegal gratification from the residents of Mauza Kakey Zayan and had also drawn excessive material from store by preparing wrong estimates. He assailed the validity of this charge-sheet before N.I.R.C. A learned member of the N.I.R.C. by an ex parte order dated 21-2-1993 set aside the charge-sheet. WAPDA moved an application before the N.I.R.C. for recalling the…
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