| Citation(s) |
|---|
| 1999 SLG 954 1999 SLD 954 1999 PLC 475 |
Federal Service Tribunal, Islamabad
Appeals Nos. 239, 240 and 244(L) of 1996, decision dated: 23rd January, 1997
MUHAMMAD RAZA KHAN AND NASIM SABIR SYED, MEMBERS
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Appeals Nos. 239, 240 and 244(L) of 1996, decision dated: 23rd January, 1997
MUHAMMAD RAZA KHAN AND NASIM SABIR SYED, MEMBERS
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LIAQUAT ALI and 2 others
VS
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA, Lahore and another
Law:
Section:
(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-------Ss. 17(1-A) & 18---Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1966---Removal from service on charge of embezzlement and misappropriation of amount---Civil servants were removed from service after issuing them show-cause notices under S.17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 and after affording them chance of personal hearing---Provisions of S.17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 were available to Authority for dispensing with the services of civil servants on technical administrative and financial grounds---Cases of indiscipline and misconduct could not be proceeded against under said provisions for the reason that S. 18 of West Pakistan Water and Power Development Authority Act, 1958 had specifically provided for the framing of procedure relating to the terms and conditions of services of its officials and servants and that the Authority would be "competent to take disciplinary action" against its officers and servants---Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1966 having been framed under S. 18 of West Pakistan Water and Power Development Authority Act, 1958, disciplinary action against civil servants could only be taken under those Rules---Contention that Ss. 17(1-A) & 18 of West Pakistan Water and Power Development Authority Act and procedure available in Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1966 were all the modes open to Authority and that it was its discretion to choose any of them, was repelled--Section 17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 could not be applied to disciplinary matters and S. 18 of the said Act could not be applied to matters of administrative and financial expediency---Where S. 17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 was applied, no provision of appeal to Authority was available because Authority had itself taken final action, departmental appeal or even…
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