| Case ID |
43644934-415b-4fde-b450-f157ddae7136 |
| Body |
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| Case Number |
D-342 of 1993 |
| Decision Date |
Nov 29, 1993 |
| Hearing Date |
Nov 29, 1993 |
| Decision |
The Sindh High Court dismissed the petition filed by Muhammad Ashraf Ikram against the order dated 21-9-1993 issued by WAPDA, which directed him to return an amount of Rs.40,145.17. The petitioner argued that the cancellation of his salary grade was made without due process, violating natural justice principles. The court determined that the matter related to the terms and conditions of service and fell within the exclusive jurisdiction of the Service Tribunal, as outlined in Article 212 of the Constitution. Therefore, the High Court could not grant relief, and the petition was dismissed, leaving the parties to bear their own costs. |
| Summary |
In the case of Muhammad Ashraf Ikram vs. WAPDA, the Sindh High Court addressed issues surrounding the cancellation of salary grade and recovery of erroneously paid amounts. The court emphasized the jurisdictional limitations imposed by Article 212 of the Constitution, which restricts the High Court's authority in service-related matters. The petitioner claimed that the orders were made without notice or a hearing, violating principles of natural justice. However, the court concluded that the case fell under the Service Tribunal's jurisdiction, thus dismissing the petition. This ruling reinforces the importance of jurisdictional boundaries in administrative law and the protection of civil servants' rights. Relevant laws include the West Pakistan Water and Power Development Authority Act and the Constitution of Pakistan. Keywords such as 'service tribunal,' 'jurisdiction,' and 'natural justice' highlight the legal principles at stake in this case. |
| Court |
Sindh High Court
|
| Entities Involved |
West Pakistan Water and Power Development Authority
|
| Judges |
MAMOON KAZI,
NAZIM HUSSAIN SIDDIQUI
|
| Lawyers |
Ahsanul Haque Siddiqui,
Abdul Hameed Khan
|
| Petitioners |
MUHAMMAD ASHRAF IKRAM
|
| Respondents |
WAPDA
|
| Citations |
1995 SLD 1018,
1995 PLC 29
|
| Other Citations |
Engineer-in-Chief through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207,
Controlling Authority, N.-W.F.P. Board of Technical Education, Peshawar and another v. Abdul Salam, Secretary, N.-W.F.P. Board of Technical Education PLD 1993 SC 200
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act,
Constitution of Pakistan
|
| Sections |
17(1-B),
199,
212
|