Legal Case Summary

Case Details
Case ID 2026538d-fe42-4100-b83b-45d467d2f8ca
Body View case body.
Case Number 181(L) of 1984
Decision Date Apr 23, 1990
Hearing Date Mar 13, 1990
Decision The appeal was accepted, and the termination order against Sarfraz Khan was set aside. The tribunal found that the charges of forgery and misconduct were not proven due to lack of substantive evidence. The inquiry report did not provide sufficient grounds for the termination and highlighted procedural deficiencies in the handling of the case. The tribunal directed the reinstatement of the appellant with full back benefits while allowing the authority to initiate fresh disciplinary proceedings if warranted.
Summary This case revolves around the appeal of Sarfraz Khan, a Lower Division Clerk at WAPDA, against his termination due to alleged misconduct, including forgery and tampering with official records. The tribunal examined the procedural aspects of the inquiry that led to his dismissal and found significant flaws, including the absence of key witnesses and the reliance on a confessional statement that lacked credibility. The tribunal emphasized the necessity of clear charges and the right to a fair defense. Ultimately, the tribunal ruled in favor of reinstating Sarfraz Khan, highlighting the importance of due process and the need for robust evidence in disciplinary actions. This case underscores the principles of justice and procedural fairness in employment-related disputes, particularly within public service entities like WAPDA. Keywords: employment law, disciplinary proceedings, procedural fairness, public service, WAPDA, forgery, misconduct.
Court Federal Service Tribunal
Entities Involved WAPDA, Revenue Officer (Power)
Judges KHAWAJA ABDUL, JALIL, CH. HASSAN NAWAZ
Lawyers Rana F.M. Rahman, Malik Abdur Rashid
Petitioners SARFRAZ KHAN
Respondents 2 others, WATER AND POWER DEVELOPMENT AUTHORITY
Citations 1991 SLD 1802, 1991 PLC 9
Other Citations Not available
Laws Involved Service Tribunals Act (LXX of 1973), West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, Limitation Act (IX of 1908)
Sections 4