| Case ID |
38b9fa92-f957-4f56-b788-43f118b057f6 |
| Body |
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| Case Number |
G4(L) of 1983 |
| Decision Date |
Jan 19, 1989 |
| Hearing Date |
|
| Decision |
The appeal against the premature retirement of Qazi Muhammad Inayatullah was dismissed. The Tribunal found no merit in the appellant's claims of mala fides or bias. The authority was justified in its decision based on the employee's service record, which included acts of negligence and misconduct. The appellant's failure to provide sufficient evidence to support claims of mala fides led to the conclusion that the retirement order was valid under section 17(1-A) of the WAPDA Act. The Tribunal emphasized that the authority's powers were exercised in accordance with the law, and no further inquiry was necessary due to the evasive nature of the appellant's responses to show-cause notices. |
| Summary |
In the case of Qazi Muhammad Inayatullah vs. Chairman WAPDA, the Federal Service Tribunal addressed the validity of the premature retirement of the appellant. The appellant's claims were primarily based on allegations of mala fides stemming from past conflicts with an Executive Engineer. The Tribunal examined the authority's actions under section 17(1-A) of the WAPDA Act, which permits retirement without assigning reasons. The Tribunal highlighted the importance of substantiating claims of mala fides with clear evidence, a requirement not met in this case. Furthermore, the appellant's service record was scrutinized, revealing multiple instances of misconduct and negligence, which justified the authority's decision to retire him. The Tribunal ultimately ruled that the retirement order did not suffer from mala fides and dismissed the appeal, underscoring the statutory powers of the authority in such matters. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
West Pakistan Water and Power Development Authority
|
| Judges |
CH. HASAN NAWAZ,
KH. ABDUL JALIL,
Qazi MUHAMMAD INAYATULLAH
|
| Lawyers |
Mian Mahmood Hussain,
M. Ahmad Hasan Khan
|
| Petitioners |
Qazi Muhammad Inayatullah
|
| Respondents |
CHAIRMAN, WAPDA, LAHORE
|
| Citations |
1989 SLD 1305,
1989 PLC 410
|
| Other Citations |
1986 S C M R 18
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act,
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
Service Tribunals Act
|
| Sections |
17(1-A),
5,
6,
4
|