| Citation(s) |
|---|
| 2002 SLG 1323 2002 SLD 1323 2002 SCMR 1120 |
Supreme Court of Pakistan
Civil Petition No. 1123 of 2001, decision dated: 4-04-2002.(On appeal from the judgment/order dated 29-1-2001 passed by Federal Service Tribunal, in Appeal No. 342(P)/1999)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Raja Muhammad Asghar, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Said Rehman, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents.
Civil Petition No. 1123 of 2001, decision dated: 4-04-2002.(On appeal from the judgment/order dated 29-1-2001 passed by Federal Service Tribunal, in Appeal No. 342(P)/1999)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Raja Muhammad Asghar, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Said Rehman, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents.
Syed YAQOOB SHAH
VS
XEN PESCO (WAPDA), PESHAWAR and another
Law:
Section:
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ----S. 5---Electricity Act (IX of 1910), Ss.39 & 39-A---Federal Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Termination of setvice at direction of Army Officer ---F.I.R. under S.39-A, Electricity Act, 1910 was registered against the owner of brick-kiln for having removed electricity meter to reverse its reading and having obtained unauthorised connection of electric supply---Sub-Divisional Officer on same day reported that petitioner (employee of WAPDA) had removed said meter, over which his explanation was called---Executive Engineer without conducting any inquiry and probing into the matter, after receipt of explanation issued show-cause notice to the petitioner, and thereafter terminated his services---Service Tribunal dismissed the petitioner's appeal---Validity---Competent Authority under R.5, Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, enjoyed jurisdiction to dispense with inquiry, but subject to giving reason for the same---Executive Engineer and Sub-Divisional Officer had terminated the services of petitioner on the basis of bogus proceedings as there was a note on record written by Incharge Army Team to the effect "terminate him from service'-'--- Departmental record did not reveal on basis of which material said order had been passed arid what was the authority of Army Officer to direct termination of petitioner ---Sub-Divisional Officer and Executive Engineer instead of complying with said unlawful order should have followed the prescribed procedure to punish petitioner, if he was found guilty of the offence of removing meter--Supreme Court converted the petition into appeal and accepted the same; set aside the of Service Tribunal as well as order of removal of petitioner from service; reinstated the petitioner into service with all back benefits to be payable by Executive Engineer .and Sub-Divisional Officer personally at the ratio of 60 % and 40 % respectively as on account of their conduct and non-following the procedure laid down under Pakistan…
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