Case Details

Citation(s)
1999 SLG 719 1999 SLD 719 1999 SCMR 2272
Supreme Court of Pakistan
Civil Petitions Nos.458 to 490, 565, 466, 489, 384 and 1263 of 1998, decision dated: 14-10-1998.


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Law:

Section:

1999 SCMR 2272 [Supreme Court of Pakistan] Present: Muhammad Bashir Jehangiri and Mamoon Kazi, JJ THE EXECUTIVE ENGINEER (E), WAPDA and 2 others---Petitioners versus RAHAT SHAH and 12 others----Respondents Civil Petitions Nos.458 to 490, 565, 466, 489, 384 and 1263 of 1998, decided on 14th October, 1998. (On appeal from the common of the Federal Service Tribunal, dated 30-12-1997, passed in Appeals Nos.303, 304, 305, 306;307, 315, 316 and 317-P of 1997 respectively). 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)]---Termination of service---Civil servants who were performing their functions to the satisfaction of the Authority, their services were terminated during probationary period stating that such action had been taken in pursuance of their terms of appointment--­Terms of appointment of civil servants had provided that their services could wily be terminated during probationary period in case their work or conduct was found unsatisfactory---Provisions of S. 17 (1-A) of West Pakistan Water and Power Development Authority Act, 1958, had provided that Authority could terminate services of civil servants after informing civil servants in writing of grounds on which action of termination was proposed to be taken and after issuing them show-cause notice---No such procedure having been adopted by Authority while terminating services of civil servants, order of the Authority was rightly set aside by Service Tribunal and civil servants were rightly ordered to be re-instated in service. Director, Social Welfare, N.-W.F.P., Peshawar v. Sadullah Khan 1996 SCMR 1350 ref. Saadat Hussain, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for Petitioners (in all Petitions). Nemo for Respondents (in all Petitions except C.P. No. 456 of 1998). Sh. Wazir Muhammad, Advocate-on-Record for Respondent. Date of hearing: 14th October, 1998. ORDER MAMOON KAZI, J,---The respondents in these petitions, being sons of WAPDA-employees had been appointed against various posts in WAPDA between September and November, 1996 in WAPDA by the…
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