Case ID |
2e4fd8f3-45b9-4ea6-822f-0e5e659d6e15 |
Body |
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Case Number |
Civil Appeals Nos. 807 and 809 of 1984 |
Decision Date |
Oct 26, 1986 |
Hearing Date |
|
Decision |
The Supreme Court of Pakistan dismissed the appeals filed by Aijaz Ahmad Sheikh and WAPDA, confirming the decision of the Federal Service Tribunal which had converted Aijaz Ahmad Sheikh's removal from service into retirement due to the absence of any charges of corruption or dishonesty. The Court upheld the Tribunal's reasoning that, despite the removal being justified under section 17(1-A) of the WAPDA Act, the lack of serious misconduct warranted a less severe penalty. This decision reinforces the jurisdictional authority of the Service Tribunal over employment matters within WAPDA, as established in previous rulings, including the case of WAPDA v. Muhammad Arshad Qureshi. |
Summary |
This case revolves around the appeals made by Aijaz Ahmad Sheikh against the Water and Power Development Authority (WAPDA) concerning his removal from service. The Supreme Court of Pakistan deliberated on the jurisdiction of the Service Tribunal in relation to WAPDA's actions and whether the Tribunal could interfere with WAPDA's orders under the existing laws. The Court highlighted the importance of due process in employment matters and the necessity for charges of misconduct to be substantiated before severe penalties are enacted. The decision is significant for establishing the role of the Service Tribunal in ensuring fairness in employment disputes within government authorities. The case also underscores the necessity for clarity in the application of laws governing public service employment, particularly in light of the provisions outlined in the Service Tribunals Act and the WAPDA Act. Legal practitioners and advocates in the field of employment law should take note of the implications of this ruling for future cases involving public sector employees. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
WATER AND POWER DEVELOPMENT AUTHORITY,
AIJAZ AHMAD SHEIKH
|
Judges |
ABDUL KADIR SHAIKH,
ALI HUSSAIN KAZILBASH,
MIAN BURHANUDDIN KHAN
|
Lawyers |
Asif Hussain Siddiqi,
Khan Imtiaz Muhammad Khan,
Irshad Ahmad Qureshi,
Ch. Qamar-ud-Din Khan Meo
|
Petitioners |
AIJAZ AHMAD SHEIKH
|
Respondents |
WATER AND POWER DEVELOPMENT AUTHORITY
|
Citations |
1987 SLD 778,
1987 SCMR 1940
|
Other Citations |
1986 SCMR 18
|
Laws Involved |
Service Tribunals Act (LXX of 1973),
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973)
|
Sections |
4,
17(1-A),
212(3)
|