Law:

Section:

(a) Pakistan Water and Power Development Authority Act (XXXI of 1958)---S.17(1-A)(a)---Service Tribunals (Procedure) Rules, 1974, R. 6(2)--¬Constitution of Pakistan (1973), Art. 212(3)---Compulsory retirement from service without completion of necessary legal formalities---Departmental appeal and appeal before Service Tribunal were dismissed---Validity---Competent Authority had misused its powers as same had neither issued show-cause notice nor assigned any reason nor afforded proper opportunity of hearing to civil servant---No unbridled and unfettered powers had been conferred upon Competent Authority under S.17(1-A) of the Act to shunt out its employees at its own whims and wishes without completion of necessary legal formalities---Civil servant had alleged specific mala fides alongwith affidavit, which had been ignored by Tribunal---Service Tribunal was competent to examine as to whether order passed under S.17(1-A) of the Act was bona fide or mala fide---Departmental appeal had been dismissed in a perfunctory and slipshod manner by means of a non-speaking order---Supreme Court accepted appeal, set aside order of retirement and impugned and reinstated civil servant with immediate effect with all back-benefits with observation that Competent Authority would be at liberty to initiate fresh action, if deemed fit and proper, subject to all legal exceptions and strictly in accordance with law. WAPDA v. Zulfiqar Ali PLD 1988 SC 693; Pakistan and others v. Public-at-large and others PLD 1987 SC 304 and Ejaz Nabi Abbasi v. WAPDA 1992 SCMR 774 rel. (b) Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S.17(1-A)---Power of Competent Authority to remove or retire employee of WAPDA---Scope---Authority had no unbridled and unfettered' powers to shunt out its employees at its own whims and wishes without completion of necessary legal formalities. WAPDA v. Sikandar Ali Abro 1998 SCMR 137 rel. ORDER JAVED IQBAL, J---This petition for leave to appeal is directed against the judgment dated 10-2-2000 passed by the Federal Service Tribunal whereby the appeal preferred on behalf of petitioner has been dismissed and order concerning his, retirement dated…

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