| Case ID |
388c618e-abfc-47af-aabb-782eb7112dfd |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1033 L of 1 |
| Decision Date |
Mar 28, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, ruling that the Pakistan Water and Power Development Authority was competent to amend Rule 12 of the Employees (Efficiency and Discipline) Rules, 1978 under Section 18 of the West Pakistan Water and Power Development Authority Act, 1958. The court found that the Authority's amendment was within its powers and did not violate the provisions of the Act. The contention that the Managing Director and Authority lacked the competence to amend Rule 12 was rejected, and the court affirmed the Authority's authority to regulate disciplinary proceedings concerning its employees' terms and conditions of service. Consequently, the petition for special leave to appeal was dismissed. |
| Summary |
This case involves the Supreme Court of Pakistan's ruling on the competency of the Water and Power Development Authority (WAPDA) to amend its disciplinary rules. The key legal questions centered around the interpretation of Section 18 of the West Pakistan Water and Power Development Authority Act, 1958, which grants the Authority specific powers to regulate the terms and conditions of service for its employees. The court concluded that the Authority was within its rights to amend Rule 12 of the Employees (Efficiency and Discipline) Rules, 1978, and therefore dismissed the petition for special leave to appeal. This decision emphasizes the importance of understanding the legal frameworks governing public authorities and their operational autonomy in managing employee regulations. Keywords: Water and Power Development Authority, Supreme Court of Pakistan, disciplinary rules, employee regulations, legal authority, public service law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority
|
| Judges |
Saad Saood Jan,
Muhammad Rafiq Tarar,
Manzoor Hussain Sial
|
| Lawyers |
Hafiz Tariq Nasim,
Muhammad Aslam Chaudhary,
Ch. Ijaz Ahmad
|
| Petitioners |
Yar Muhammad
|
| Respondents |
2 others,
Water and Power Development Authority through Chairman
|
| Citations |
1995 SLD 482,
1995 SCMR 46
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973)
|
| Sections |
R. 12,
S. 18,
Art. 212(3)
|