| Case ID |
0c395bec-ef7d-4048-b2c9-e6d14cf46cf7 |
| Body |
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| Case Number |
Civil Review Petitions Nos.3-Q and 4-Q of 1990 |
| Decision Date |
May 28, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the review petitions challenging the previous judgment regarding the termination of service under section 17(1-A) of the West Pakistan Water and Power Development Authority Act. The court found that the Service Tribunal's conclusions were incorrect, particularly regarding the interpretation of 'mala fides' and the standards for evaluating employee performance. The court stated that the termination did not require a fault attributable to the employee and that the allegations against the petitioner did not meet the necessary legal standards. The dismissal of the review petitions was based on the lack of merit in the claims presented. |
| Summary |
This case revolves around the review of a decision made by the Service Tribunal regarding the termination of an employee under the West Pakistan Water and Power Development Authority Act. The Supreme Court addressed several key issues, including the interpretation of mala fides, the standards of evaluation for employee performance, and the legal implications of the termination order. The court emphasized that a termination under section 17(1-A) does not necessitate a fault on the part of the employee and that the grounds cited by the Service Tribunal were insufficient to support their conclusions. Ultimately, the Supreme Court upheld the termination, reinforcing the standards set forth in prior rulings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
West Pakistan Water and Power Development Authority,
Civil Division Quetta
|
| Judges |
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
ABDUL QADEER CHAUDHRY
|
| Lawyers |
Mr. Basharatullah
|
| Petitioners |
NASEER AHMED UPPAL
|
| Respondents |
PAKISTAN WAPDA
|
| Citations |
1991 SLD 1487,
1991 SCMR 1998
|
| Other Citations |
WAPDA and another v. Muhammad Arshad Qureshi 1986 SC M R 18,
WAPDA v. Saeed Ahmad 1986 S C M R 725,
Sheikh Abdul Hameed and 2 others v. WAPDA P L D 1988 SC 35
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Supreme Court Rules 1980
|
| Sections |
17(1-A),
OXXVI, R.1
|