Case Details

Citation(s)
2003 SLG 1090 2003 SLD 1090 2003 PLC 1239
Supreme Court of Pakistan
Civil Petition No. 1280 of 2002, decision dated: 12-06-2003. (On appeal from the judgment of Federal Service Tribunal dated 7-5-2002 passed in Appeal No.1479(L)(CS)/2000).
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ

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MUHAMMAD NAVEED IQBAL

VS

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others

Law:

Section:

Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978-------Rr.4 & 10---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (19731, Art. 212(3)----Reinstatement in service---Back benefits--­Determination---Civil servant was proceeded against under the provisions of Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, and was awarded penalty of compulsory retirement from service---Appeal before Service Tribunal, against the penalty imposed by the Authorities, was allowed and the civil servant was reinstated in the service---Service Tribunal left the matter relating to back benefits to the Authorities---Plea raised by the civil servant was that withholding the back benefits was not proper and legal---Validity---Service Tribunal having considered the question relating to the grant of back benefits to the civil servant, had rightly left it open for decision by the concerned Authority on conclusion of the departmental inquiry, if any---Supreme Court declined to take any exception to the discretion exercised by the Tribunal---No question of law of public importance being involved in the petition for interference of Supreme Court---Leave to appeal was refused. Syed Ali Hussain Gilani, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Muhammad Nawaz Bhatti, D.A.G. for Respondents. Date of hearing: 18th November, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J---The petitioner, an employee of Water and Power Development Authority (WAPDA) was proceeded against for the charge of misconduct under Pakistan WAPDA (E&D) Rules, 1978 and was awarded the punishment of compulsory retirement from service vide order dated…
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