| Citation(s) |
|---|
| 1999 SLG 877 1999 SLD 877 1999 PLC 316 |
Supreme Court of Pakistan
Civil Appeal No. 709 of 1994, decision dated: 8-10-1998. (On appeal from the judgment dated 13-10-1993 of the Federal Service Tribunal in Appeal No.261(L) of 1993).
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Civil Appeal No. 709 of 1994, decision dated: 8-10-1998. (On appeal from the judgment dated 13-10-1993 of the Federal Service Tribunal in Appeal No.261(L) of 1993).
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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AMANATULLAH KHAN
VS
WAPDA, LAHORE
Law:
Section:
West Pakistan Water and Power Development Authority Act (XXXI of 1958)-------S. 17(1-A)---Pakistan Water and Power Development Authority (Pension l Rules, 1977, R. 7(iv), para. (iv)---Constitution of Pakistan (1973), Art. 212---Removal from service---Entitlement to pension---Civil servant was removed from service under S. 17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 without assigning any reason with immediate effect on payment of thirty days' pay in lieu of notice---Such removal was simpliciter removal from service without referring to any misconduct, corruption, subversive activities or inefficiency on part of civil servant---If civil servant was to be removed under S. 17(1-A) of West Pakistan Water and Power Development Authority Act, 1958 on any of said allegations, he was entitled to have a show-cause notice issued to him before he could be condemned as having committed act of misconduct ---Para. (iv) of R. 7(iv) of Pakistan Water and Power Development Authority (Pension) Rules, 1977 (unamended) which had provided that no pension could be granted to civil servant who was dismissed or removed from service for misconduct, corruption, subversive activities, or inefficiency being not applicable to the case of the civil servant, he was entitled to grant of pension after removal from service. Aijaz Nabi Abbasi v. Water and Power Development Authority and another 1992 SCMR 774 and Water and Power Development Authority v. Irtiqa Rasool Hashmi and another 1987 SCMR 359 ref. Appellant in person. Sh. Zamir Hussain, Advocate Supreme Court and Imtiaz M. Khan, Advocate-on-Record for Respondent. Date of hearing: 8th October, 1998. ORDER AJMAL MIAN, C.J.---This is an appeal with the leave of this Court against the judgment dated 13-10-1993 of the learned Federal Service Tribunal (hereinafter referred to as the Tribunal) passed in Appeal No.261(L) of 1993, filed by the appellant who at the relevant time was working as Assistant Accountant in the respondent Authority, against the order of removal dated 10-12-197?. refusal to grant pension and other pecuniary benefits on account of his removal from service under subsection (I-A) of section 17 of…
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