Legal Case Summary

Case Details
Case ID 0062fb51-4ca6-477e-8b9f-253f8a6c68c0
Body View case body.
Case Number 195(L) of 1984
Decision Date Nov 22, 1989
Hearing Date Nov 14, 1989
Decision The appeal was dismissed on the grounds of being time-barred and due to the principles of res judicata. The tribunal found that the previous appeal had been withdrawn and thus constituted a final decision on the matter. The appellant had failed to provide satisfactory reasons for the delay in filing the appeal. Moreover, the inquiry into the appellant's conduct was deemed valid despite the appellant's claims regarding the legitimacy of the disciplinary proceedings. Consequently, the tribunal upheld the termination of the appellant's services.
Summary This case involves the appeal of Muhammad Sadiq against the termination of his services as a Turner at the Water and Power Development Authority (WAPDA). The termination stemmed from prolonged absence and impersonation during his absence. The tribunal examined the validity of previous court decisions, the appellant's claims of illness, and the legality of disciplinary actions taken against him. It was determined that the appeal was time-barred and that the principles of res judicata applied due to the withdrawal of a previous appeal concerning the same issues. The tribunal ultimately dismissed the appeal, reinforcing the authority's right to terminate services under the relevant laws governing civil servants. This case highlights the complexities of employment law, particularly regarding disciplinary actions and the rights of civil servants.
Court Federal Service Tribunal, Islamabad
Entities Involved Water and Power Development Authority
Judges KH. ABDUL JALIL, CH. HASAN NAWAZ
Lawyers Bashir Ahmad, S.M. Ishaque, Abdur Rauf
Petitioners MUHAMMAD SADIQ
Respondents WATER AND POWER DEVELOPMENT AUTHORITY
Citations 1990 SLD 1380, 1990 PLC 393
Other Citations Not available
Laws Involved Service Tribunals Act (LXX of 1973), West Pakistan Water and Power Development Authority Act (XXXI of 1958)
Sections 4, 17(1-B)