| Case ID |
07aff7f7-b80e-4dc9-b2c6-44adbcbbdc30 |
| Body |
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| Case Number |
Civil Appeal No. 105 of 1997 |
| Decision Date |
Jun 17, 1998 |
| Hearing Date |
Jun 17, 1998 |
| Decision |
The Supreme Court of Pakistan remanded the case back to the Federal Service Tribunal for re-hearing. The Tribunal had initially set aside the dismissal of the respondent, Javed Iqbal, citing that the incident which led to the dismissal was not deliberate and thus not a crime. The Court emphasized that the Tribunal must consider all evidence thoroughly to determine whether the respondent acted negligently or caused willful damage. The Court highlighted the necessity of credible evidence to support the claims of misconduct and negligence against the employee, pointing out that the Tribunal failed to adequately address these points. The case was ordered to be decided within a specified time frame to ensure justice is served. |
| Summary |
This case revolves around the dismissal of an employee of the Pakistan Water and Power Development Authority (WAPDA) due to alleged negligence that led to significant property damage. The Supreme Court of Pakistan intervened to ensure that the Federal Service Tribunal re-evaluates the case, focusing on the definitions of misconduct and negligence under the Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978. The Court underscored the importance of credible evidence in establishing whether the employee acted negligently or willfully damaged property. The ruling aims to promote fairness and justice in administrative proceedings, highlighting the need for proper legal representation and consideration of all relevant facts. This case serves as a critical reference for employment law and administrative justice in Pakistan, illustrating the balance between organizational discipline and employee rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
Pakistan Water and Power Development Authority
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
RAJA AFRASIAB KHAN,
WAJIHUDDIN AHMED
|
| Lawyers |
Gul Zarin Kiani, Advocate Supreme Court,
M.A. Qureshi, Advocate-on-Record (absent)
|
| Petitioners |
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA and 2 others
|
| Respondents |
JAVED IQBAL
|
| Citations |
1998 SLD 1597,
1998 PLC 1377
|
| Other Citations |
Lal Suraj Prasad v. Ram Charitar Singh AIR 1950 Pat. 298,
Sailajananda Pandey and another v. Lakhichand Sao and others AIR 1951 Pat. 502,
Ghulam Shabir v. The State 1995 SCMR 1166,
Muhammad Sadiq v. Najeeb Ali 1995 SCMR 1632,
Syed Iftikhar-ud-Din Haidar Gardezi and others v. Central Bank of India Ltd. and 2 others 1996 SCMR 669,
Pakistan Railways through General Manager v. Ghulam Rasul 1997 SCMR 1581
|
| Laws Involved |
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
|
| Sections |
2(5)(vii),
2(5)(vi)
|