| Case ID |
3caec791-a4ad-4c55-8c51-69c3dae1ba23 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos. 1504-L and 1507-L of 1996 |
| Decision Date |
Feb 18, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the petitioners, WAPDA and its officers, against the common judgment of the Federal Service Tribunal. The Tribunal had ruled in favor of the respondents, Muhammad Nawaz and Anwarul Haq, who were removed from service based on allegations of misconduct. The Court found that the Service Tribunal's decision was self-contradictory and warranted further examination. It noted that the charges against the employees had not been substantiated and that the inquiry was not conducted fairly. Consequently, the Court allowed the petitioners to proceed with their appeal, while the stay order granted earlier was to remain in effect pending the final hearing. |
| Summary |
This case revolves around the removal of employees from the West Pakistan Water and Power Development Authority (WAPDA) based on allegations of misconduct. The Federal Service Tribunal ruled in favor of the employees, leading to an appeal by WAPDA in the Supreme Court of Pakistan. The Court found inconsistencies in the Tribunal's decision, particularly regarding the substantiation of charges against the employees. The ruling emphasized the importance of fair inquiry processes and the need for transparency in disciplinary actions within public authorities. The decision underscores the balance between employee rights and organizational integrity, reflecting ongoing discussions in labor law and public administration. Keywords such as 'WAPDA', 'employee rights', 'disciplinary actions', and 'judicial review' highlight the case's relevance in current legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
ZIA MAHMOOD MIRZA,
RAJA AFRASIAB KHAN
|
| Lawyers |
S.M. Masud, Advocate Supreme Court for Petitioners,
Muhammad Asgher Malik, Advocate Supreme Court for Caveator/Respondent
|
| Petitioners |
WAPDA,
3 others
|
| Respondents |
another,
MUHAMMAD NAWAZ
|
| Citations |
1997 SLD 1009 = 1997 PLC 1180
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
Constitution of Pakistan (1973)
|
| Sections |
17(1A),
5,
212(3)
|