| Case ID |
1aa61590-8618-4540-addf-2e39d493285c |
| Body |
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| Case Number |
Appeal No. 193 (L) of 1983 |
| Decision Date |
Sep 30, 1986 |
| Hearing Date |
Jul 01, 1986 |
| Decision |
The Federal Service Tribunal ruled in favor of the appellant, Mr. Khurshid Ahmad, reinstating him after finding that the one-man inquiry conducted by the Chairman of WAPDA was flawed. The Tribunal noted that the evidence presented was insufficient to support the charges of misconduct leading to his compulsory retirement. The Tribunal emphasized that the conclusions drawn from the inquiry were based on unreliable evidence, primarily the assertions of a court witness, which were not substantiated by satisfactory proof. The period during which Mr. Ahmad was out of service was treated as extraordinary leave without pay. |
| Summary |
This case revolves around the appeal of Khurshid Ahmad against his compulsory retirement by WAPDA. The Tribunal found that the inquiry leading to his dismissal lacked credible evidence and was based on a flawed understanding of the circumstances surrounding the charges. The court witness's testimony was deemed inadequate and speculative, failing to prove the allegations against the appellant. The decision highlighted the importance of fair play and justice in administrative inquiries, ultimately reinstating Ahmad and treating his absence as leave without pay. This case underscores the need for robust evidence in misconduct allegations within public service, ensuring that civil servants are protected from unjust actions based on insufficient grounds. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
MR. JUSTICE SHAH ABDUR RASHID,
CH. A. RAHMAN KHAN
|
| Lawyers |
Ch. Mushtaq Masood,
Syed Iftikhar Ahmad Shah
|
| Petitioners |
Khurshid Ahmad
|
| Respondents |
another,
CHAIRMAN, WAPDA, LAHORE
|
| Citations |
1987 SLD 1043,
1987 PLC 186
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4
|