Case Details

Citation(s)
2006 SLG 2388 2006 SLD 2388 2006 SCMR 37
Supreme Court of Pakistan
Civil Appeal No.583 of 2003, decision dated: 15-09-2005
JAVED IQBAL AND MIAN SHAKIRULLAH, JAN, JJ

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WAZIR ALI SOOMRO

VS

WATER AND POWER DEVELOPMENT AUTHORITY and others

Law:

Section:

Pakistan Water and Power Development Authority Act (XXXI of 1958)-------S. 17(1-A(a)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement---Failure to give show-cause notice---Non-compliance of provisions of 5.17(1-A)(a) of Pakistan Water and Power Development Authority Act, 1958---Non-speaking order---Effect---Civil servant was compulsorily retired from service without giving any reason and without any show cause notice---Appeal filed by civil servant was dismissed by Service Tribunal---Validity---Appeal was decided by Service Tribunal in a perfunctory and slipshod manner by means of a non-speaking order without assigning any reason---No show cause was issued to the civil servant which should have been issued pursuant to the dictum laid down by Supreme Court in various s---Authorities assured that disciplinary proceedings would be initiated afresh strictly in accordance with law and the guidelines enumerated by Supreme Court, in line with the provisions enumerated in S.17(1-A)(a) of Pakistan Water and Power Development Authority Act, 1958---Judgment of Service Tribunal being laconic was set aside and authorities were allowed to initiate fresh disciplinary proceedings in accordance with law. WAPDA v. Zulfiqar Ali PLD 1988 SC 693; Ejaz Nabi Abbasi v. WAPDA 1992 SCMR 774; Pakistan and others v. Public-at-large and others PLD 1987 SC 304 and WAPDA v. Sikandar Ali Abro 1998 SCMR 137 rel. Hafiz Tariq Nasim, Advocate Supreme Court and Tanveer Ahmed, Advocate-on-Record (absent) for Appellant. Faiz-ur-Rehman, Advocate-on-Record for Respondents. Date of hearing: 15th September, 2005. JUDGMENT JAVED IQBAL, J.-----This appeal with leave of the Court is directed against the judgment, dated 12-2-2000 whereby the appeal preferred on behalf of appellant has been dismissed by the learned Federal Service Tribunal and the order, dated 7-9-1999 whereby the appellant was retired compulsorily under section 17(1-A)(a) of the WAPDA Act, 1958 has been kept intact. 2. Heard Hafiz Tariq Naseem, learned Advocate Supreme Court on behalf of appellant and Mr. Faiz-ur-Rehman, learned Advocate-on-Record for WAPDA. The judgment…
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