| Case ID |
2026538d-fe42-4100-b83b-45d467d2f8ca |
| Body |
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| 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
|