| Case ID |
0932fe22-7e3d-40aa-8a44-3c06c1e1f2ab |
| Body |
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| Case Number |
300(L) of 1983 |
| Decision Date |
Sep 13, 1988 |
| Hearing Date |
Aug 09, 1988 |
| Decision |
The appeal was accepted, and the order dated 19-3-1983 was set aside as unjustified and illegal. The Tribunal found that the punishment of stopping the annual increment was issued in violation of the efficiency and discipline rules. It was determined that the charge-sheet did not comply with the requirements of the rules, leading to prejudice against the appellant. The Tribunal emphasized that the inquiry process was flawed, and the allegations were not substantiated. Consequently, the respondent was directed to release the appellant's annual increment with consequential relief. |
| Summary |
In the case of Muhammad Ashraf vs. Chairman, WAPDA, the Federal Service Tribunal addressed the legality of a punishment imposed on the appellant, a WAPDA employee, for alleged misconduct. The key issues revolved around procedural irregularities in the issuance of the charge-sheet and the subsequent inquiry process. The Tribunal highlighted that the charge-sheet failed to provide a statement of allegations, which is crucial for ensuring the employee's right to a fair hearing. The Tribunal ultimately ruled that the punishment was unjustified and directed the release of the appellant's annual increment. This case underlines the importance of adhering to procedural rules in disciplinary matters, ensuring that employees are afforded due process. Keywords: WAPDA employee rights, procedural fairness, service tribunal decisions, efficiency and discipline rules, misconduct allegations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
CH. HASAN NAWAZ,
KH. ABDUL JALIL,
MUHAMMAD ASHRAF
|
| Lawyers |
Ch. Riaz Ahmed,
Kamal Mufti
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
CHAIRMAN, WAPDA, LAHORE
|
| Citations |
1989 SLD 2177,
1989 PLC 403
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908)
|
| Sections |
5(v)(a),
6(1),
4,
5
|