| Case ID |
0259ff28-5565-4b4a-a16f-7aba1f33327b |
| Body |
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| Case Number |
Civil Petitions No. 1254, 1255, 1272 and 1259 of 2 |
| Decision Date |
Nov 18, 2002 |
| Hearing Date |
Nov 18, 2002 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Federal Service Tribunal, which had reinstated the petitioners who were compulsorily retired without any opportunity for a hearing. The Court found that the discretion exercised by the Authority was arbitrary and violated the principles of natural justice. The Court did not find sufficient grounds to interfere with the Tribunal's ruling, affirming that the retirement orders were issued without proper notice and hearing, thereby dismissing the petitions brought forth by the Water and Power Development Authority. |
| Summary |
This case deals with the compulsory retirement of civil servants employed by the Water and Power Development Authority (WAPDA) under section 17(1-A)(a) of the Pakistan WAPDA Act, 1958. The Supreme Court of Pakistan reviewed the petitions filed by WAPDA against the Federal Service Tribunal's judgments which reinstated the civil servants. The Tribunal ruled that the retirement orders were issued without providing the civil servants any opportunity for a hearing, violating the principles of natural justice. The Supreme Court concurred with the Tribunal's findings, emphasizing the importance of fair procedure in administrative actions. The case highlights the significance of due process and the need for transparency in employment practices within public service entities. Keywords: compulsory retirement, natural justice, administrative law, WAPDA, Supreme Court of Pakistan, service tribunal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority
|
| Judges |
SH. RIAZ AHMED, C.J.,
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI, J.
|
| Lawyers |
Muhammad Nawaz Bhatti, D.A.-G. for Mehmood A. Qureshi, Advocate-on-Record (absent),
Nemo for Respondent
|
| Petitioners |
Water and Power Development Authority
|
| Respondents |
MUHAMMAD NAVEED IQBAL and others
|
| Citations |
2003 SLD 1062 = 2003 PLC 1270
|
| Other Citations |
WAPDA v. Sikandar Ali Abro 1998 SCMR 137,
WAPDA through Chairman v. Zulfiqar Ali 2002 PLC (C.S.) 128
|
| Laws Involved |
Pakistan Water and Power Development Authority Act (XXXI of 1958),
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
17(1-A)(a),
4,
212(3)
|