| Case ID |
3d60e7ab-76ac-4442-8bf7-f9ddf8105c1d |
| Body |
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| Case Number |
Appeal No. 76(L) of 1983 |
| Decision Date |
Jan 29, 1989 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as being incompetent, time-barred, and without substance. The Tribunal found that the appellant failed to fulfill the jurisdictional requirement of filing a departmental appeal against the order of dismissal. The appellant had been served with a charge-sheet, and despite her claims of ignorance, the Tribunal determined that she had been given ample opportunity to defend herself during the inquiry. The matter of her alleged impersonation was substantiated by the evidence presented, and her failure to file the necessary appeal within the prescribed time frame barred her from seeking relief from the Tribunal. The case underscores the importance of adhering to procedural requirements in disciplinary matters within civil service frameworks. |
| Summary |
This case revolves around the appeal of Miss Akhtar Roseline against her dismissal from service by the West Pakistan Water and Power Development Authority (WAPDA). The dismissal was based on allegations of impersonation related to her employment qualifications. The Federal Service Tribunal reviewed the procedural aspects of the dismissal, focusing on the necessity of filing a departmental appeal prior to approaching the Tribunal. The ruling emphasized the importance of compliance with internal regulatory frameworks, highlighting the need for civil servants to be aware of their rights and obligations regarding disciplinary actions. The case also touches upon themes of procedural justice, the burden of proof in employment disputes, and the implications of failure to adhere to statutory requirements. Keywords: WAPDA, civil service, dismissal, procedural justice, employment law. |
| Court |
Federal Service Tribunal, Islamabad
|
| Entities Involved |
WAPDA
|
| Judges |
KH. ABDUL JALIL,
CH. HASAN NAWAZ
|
| Lawyers |
M. Zaman Qureshi,
Sh. Najamul Hasan
|
| Petitioners |
Miss AKHTAR ROSELINE
|
| Respondents |
CHIEF ENGINEER, TELECOMMUNICATIONS, WAPDA, LAHORE
|
| Citations |
1989 SLD 1297,
1989 PLC 380
|
| Other Citations |
Muhammad Latif Bhatti v. Chairman, A.E.B., WAPDA, Gujranwala 1986 P L C (C.S.) 111,
1987 S C M R 1930
|
| Laws Involved |
West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978,
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Limitation Act (IX of 1908)
|
| Sections |
4,
5,
17(1-B),
5
|