| Case ID |
1688206b-b815-49c3-9e09-143540e4a648 |
| Body |
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| Case Number |
Civil Appeals Nos. 94 and 95 of 1989 |
| Decision Date |
Jan 23, 1993 |
| Hearing Date |
Jan 23, 1993 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal concerning the removal of employees by the Water and Power Development Authority (WAPDA). The court found that the tribunal's decision to reverse the WAPDA's order lacked sufficient reasoning and did not adequately discuss the merits of the case. The Supreme Court emphasized the need for a detailed order and fresh decision by the WAPDA, allowing the employees the opportunity to present evidence and arguments. The case was remanded back to the WAPDA for further consideration, ensuring that due process and fairness were upheld in the disciplinary proceedings against the employees. |
| Summary |
This case revolves around the procedural fairness and the requirement for sufficient reasoning in disciplinary actions taken by the Water and Power Development Authority (WAPDA) against its employees. The Supreme Court of Pakistan highlighted the importance of detailed orders and the obligation of the authority to provide justifications for its decisions. The ruling underscores the necessity for transparency and accountability in administrative actions, particularly in cases of employee removal. The court's decision to remand the case back to WAPDA for reconsideration reflects a commitment to ensuring that the principles of natural justice are upheld. This case is significant for understanding the balance between administrative authority and employee rights, especially in the context of public service. It is crucial for legal practitioners and public sector entities to be aware of the implications of this ruling for future disciplinary proceedings, emphasizing the need for comprehensive documentation and justification in administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
Water and Power Development Authority
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR, JJ
|
| Lawyers |
Muhammad Sadiq Abbasi, Advocate Supreme Court,
Khan Imtiaz Muhammad Khan, Advocate-on-Record,
Kowkab Iqbal, Advocate-on-Record
|
| Petitioners |
WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE
|
| Respondents |
another,
MUHAMMAD RIAZ BUTT, EX-LS-II, WAPDA ELECTRICITY SUB-DIVISION, WAZIRABAD
|
| Citations |
1993 SLD 1682 = 1993 PLC 1198
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
Constitution of Pakistan (1973)
|
| Sections |
R.12,
Art. 212(3)
|