Case Details

Citation(s)
1993 SLG 1469 1993 SLD 1469 1993 PLC 728
Federal Service Tribunal, Islamabad
Appeals Nos. 25(L), 79(L), 82(L) of 1984 and 328(R) and 329(R) of 1986, decided on 24th January, 1993.
ABDUL RAZZAK A. THAHIM, CHAIRMAN AND M. ILYAS LODHI, MEMBER

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SALAHUDDIN and others

VS

Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S.17(1-A)---Removal from service----Different employees of the respondent were proceeded against in the same manner and on the same charges--­Respondent, however, did not take action against some of them while appellants were singled out and dealt with mala fide---Action taken against employees was, therefore, not bona fide action---Employees were thus reinstated in service with back benefits. WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18; WAPDA -v. Saeed Ahmad 1986 SCMR 725; Sheikh Abdul Waheed and 2 others v. WAPDA PLD 1988 SC 35; WAPDA through its Chairman v. Shujaat Ali Baghdadi PLD 1988 SC 622; WAPDA v. Sheikh Zulfiqar Ali PLD 1988 SC 693; PLD 1980 SC 22; PLD 1956 SC (Pak.) 298; Shah Imroze's case 1986 $CMR 840; WAPDA v. Muhammad Rashid 1986 SCMR 588; PLD 1987 SC 304 and 1987 SCMR 1348 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S.17(1-A)---Summary powers---Object, purpose and intent of---Authority was embowered to take summary action to avoid lengthy proceedings---Such summary powers were not allowed to be misused as to deprive the employees of the Authority of affording of opportunity of natural justice. The intention of Legislature for making provisions of section 17(1-A) in the West Pakistan Water and Power Development Authority Act, 1958 for taking immediate action without giving notice or assigning any reason was that in the case of such an important matter like electricity, the Authority be empowered to take summary action to avoid lengthy proceedings due to which the entire county should not suffer. These summary powers are with that intention and should not be allowed to be misused as to deprive the employees of Water and Power Development Authority of affording of opportunity of natural justice which is a fundamental right of every citizen. Such plenary powers have been bestowed to the Authority to eliminate and weed out such employees who were corrupt or had the reputation of being corrupt so that such persons should not escape punishments for lack of evidence; but it cannot be the intention of the legislature…
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