| Case ID |
0f9e5044-ede4-443d-80ab-07c23ab27658 |
| Body |
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| Case Number |
Appeal No. 147(K) of 1985 |
| Decision Date |
Sep 12, 1989 |
| Hearing Date |
|
| Decision |
The appeal is allowed to the extent that the impugned order of removal of the appellant from service is modified to the stoppage of his promotion for one year from the day he could be due therefore. He shall be reinstated in service but without monetary benefits for the period he remained out of the job which shall be treated as leave without pay. The decision reflects that while the absence of the appellant was not justified, the punishment of removal was deemed too severe, leading to a modification of the penalty. |
| Summary |
In this significant case, Dr. Muhammad Younis Noorwala appealed against his removal from service as a Medical Officer with WAPDA. The Tribunal found that while the appellant's absence without leave was not justified, the penalty of removal was excessively harsh given the circumstances, including the illness of his wife. The Tribunal ruled to modify the punishment to a one-year stoppage of promotion, allowing reinstatement without back pay. This case highlights the balance between disciplinary actions and the consideration of personal circumstances in employment law. It emphasizes the importance of fair treatment of employees while upholding organizational discipline. The ruling serves as a precedent for similar cases, ensuring that penalties are commensurate with the nature of misconduct. Keywords: WAPDA, employment law, disciplinary action, reinstatement, service tribunal. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
SYED ALLY MADAD SHAH (CHAIRMAN),
MISBAH ULLAH KHAN (MEMBER)
|
| Lawyers |
M. Bashir Awan,
Zia Pervaiz
|
| Petitioners |
Dr. MUHAMMAD YOUNIS NOORWALA
|
| Respondents |
2 others,
CHAIRMAN, WAPDA, LAHORE
|
| Citations |
1990 SLD 1316 = 1990 PLC 239
|
| Other Citations |
Moinuddin Qureshi v. Federation of Pakistan (Appeal No. 101(K)/82, decided on 30-4-1984)
|
| Laws Involved |
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
|
| Sections |
R. 4
|