| Citation(s) |
|---|
| 2001 SLG 1606 2001 SLD 1606 2001 SCMR 1898 |
Supreme Court of Pakistan
Civil Petition No. 1776-L of 2000, decision dated: 11-07-2001
MIAN MUHAMMAD AJMAL AND ABDUL HAMEED DOGAR, JJ
Ch. Khalid Farooq, Advocate Supreme Court and Faizur Rehman Advocate-on-Record (absent) for Petitioners. M. Kowkab Iqbal, Advocate-on-Record for
Respondent
Civil Petition No. 1776-L of 2000, decision dated: 11-07-2001
MIAN MUHAMMAD AJMAL AND ABDUL HAMEED DOGAR, JJ
Ch. Khalid Farooq, Advocate Supreme Court and Faizur Rehman Advocate-on-Record (absent) for Petitioners. M. Kowkab Iqbal, Advocate-on-Record for
Respondent
KOT ADDU POWER COMPANY LIMITED through Chief Executive and 2 others
VS
MUHAMMAD BASHIR
Law:
Section:
Service Tribunals Act (LXX of 1973) : Ss. 2A & 4Pakistan Water and Power Development Authority Act (XXXI of 1958), Ss.3 & 8(2)(ii) (5)(a)(Constitution of Pakistan (1973), Art.212(3)Appeal to Service TribunalMaintainability Dominating shares of the employer company being with WAPDA and the Federal Government, the employee of said Company was rightly found to be a Civil Servant for the purpose of Service Tribunals Act, 1973 and his case rightly fell within S.2A of the said ActPetition for leave to appeal by the employer company was dismissed in circumstances. ORDER ABDUL HAMEED DOGAR, J. The -Petitioners seek leave to appeal against the judgment dated 3062000 of the Federal Service Tribunal, Lahore Bench, Lahore passed in Appeal No.335(L) of 1998 whereby the -Respondent was reinstated in service. 2. The facts leading to the filing of Civil Petition No. 1776L of 2000 are that -Respondent Muhammad Bashir was appointed as Security Guard in WAPDA and his services were transferred to Kot Addu Power Company Limited by the -Petitioner No. 1 when Kot Addu Gas Turbine Power Station was privatized and its 26% shares were sold out to the Company and the management was also transferred to it. The -Petitioner regularised the services of -Respondent vide order, dated 1051997. According to the -Petitioner the -Respondent committed an act of misconduct by refusing lawful orders of his superior and did not perform duty on 2971997 from 900 p.m. to 700 a.m. despite clear directions of his Incharge, and in spite of a clear previous undertaking given by him on 1431997. Consequently he was issued an explanation letter dated 1181997 containing the allegations but the same were denied by him vide his reply dated 1881997. An inquiry was held in September, 1997 in which he was found guilty of the allegations. He, however, was provided a further chance and chargesheet dated 4101997 was issued and he submitted his reply on 12101997 which was also found unsatisfactory. He was also afforded an opportunity of personal hearing and, however, he was dismissed from service on 4121997. Thereafter, -Respondent preferred departmental appeal which too was rejected on 1021998 and thereafter he…
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