Law:

Section:

(a) Service Tribunals Act -(LXX of 1973)--- ----S. 4---West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17(1-A)---Jurisdiction of Service Tribunal---Service Tribunal was competent to entertain and scrutinise an order made under S. 17(1-A) of Act XXXI of 1958, with regard to the competency and amenability of the individual in respect of whom such power had been exercised and presence of taint of mala fides or bias. 1987 SCMR 1947 and 1987 PLC (C.S.) 441 ref. WAPDA v. Muhammad Arshad Qureshi and others 1986 SCMR 18 rel. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A)---Removal from service amounting to discrimination ---Effect--­Authority while examining employee's case along-with other employees had observed that although employee was found responsible but it was to a lesser degree---Employee in spite of that was removed whereas another officer barged of same misconduct was retired while the third accused employee was reinstated by Service Tribunal and that decision was upheld by Supreme Court---Employee was thus not liable to have been dealt with differently and furthermore, he was also granted pardon by the Martial Law Authorities and ordered to be reinstated in service---Employee was thus, Discriminated and whole action against him was mala fide and biased which was not sustainable---Employee was ordered to be reinstated in service with hack benefits. Muhammad Sardar Khan v. Senior Member (Establishment) Board of Revenue. Puniab. Lahore 1985 SCMR 1483 rel. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)- - ----S. 17(1-A)---Provision of S. 17(1-A) of Act XXXI of 1958---Persons against whom such provision can be invoked-- -Provision of S. 17(1-A) of the Act XXXI of 1958, can only be invoked against the person who was in service of the Authority constituted under the Act XXXI of 1958---Employee, in spite of 0:c orders of Service Tribunal (in earlier round of litigation) and the Martial Law Authorities, having not been allowed to resume duty for a day even, by the authority, at the time of the passing of the impugned order was not in the service of the Authority, thus…

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