| Case ID |
252ab338-c6f6-4681-ae48-c5796b5fb2bf |
| Body |
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| Case Number |
325(R) of 1984 |
| Decision Date |
Nov 19, 1984 |
| Hearing Date |
Nov 06, 1984 |
| Decision |
The appeal is accepted, and the order of removal from service is set aside. The appellant, FIAZ AHMED, is to be reinstated effective from the date of removal with the period from removal to the filing of this appeal treated as extraordinary leave without pay, while the period from the appeal's filing onwards will be considered as time spent on duty. The decision emphasizes the importance of adherence to procedural fairness in disciplinary actions, particularly the necessity of providing the accused with a copy of the enquiry report and an opportunity to respond before imposing penalties. |
| Summary |
In the case of FIAZ AHMED vs. WAPDA, the Federal Service Tribunal addressed the procedural irregularities surrounding the disciplinary action taken against the appellant. The Tribunal found that the initial enquiry lacked substantial evidence, relying instead on conjectures, which rendered the penalty of removal from service unsustainable. Furthermore, the Tribunal highlighted the failure to provide the appellant with a copy of the enquiry report and an opportunity to defend himself, thus violating mandatory procedural rules. The appeal was granted, reinstating the appellant with specific provisions regarding his leave status during the removal period. This case underscores the significance of due process in administrative justice and the protection of employee rights, especially in the context of public service employment. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
MR. JUSTICE SHAH ABDUR RASHID,
MUHAMMAD IRSHAD KHAN
|
| Lawyers |
Riaz Ahmed,
Khan Muhammad Virk
|
| Petitioners |
FIAZ AHMED
|
| Respondents |
WAPDA
|
| Citations |
1985 SLD 1824,
1985 PLC 393
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908),
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
|
| Sections |
4,
5,
5(v)(a)
|