| Case ID |
d6e942bb-90dd-4256-a5dd-40fd9191f190 |
| Body |
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| Case Number |
Appeal No. 745 (L) of 1982 |
| Decision Date |
Apr 06, 1986 |
| Hearing Date |
Apr 06, 1986 |
| Decision |
The appeal filed by Qaiser Javed against his removal from service was accepted. The Tribunal found that the charges against the appellant were not serious enough to warrant removal from service. The inquiry established that the appellant was innocent of the charges, and it was indicated that senior officers may have been complicit in the irregularities. The Tribunal ruled that the removal order was not supported by adequate evidence and thus reinstated the appellant, although he would not receive payment for the period he was not in service. This decision underscores the importance of fair inquiry processes and the need for due process in service removal cases. |
| Summary |
This case revolves around the appeal of Qaiser Javed, a Meter Reader who was removed from service under the West Pakistan Water and Power Development Authority Act. The appeal was based on the claim that the charges against him were not sufficiently serious for removal. The Federal Service Tribunal examined the evidence and determined that the inquiry had not adequately supported the removal decision. The Tribunal pointed out that the appellant had not been complicit in any wrongdoing and was, in fact, a victim of circumstances involving senior officers. The ruling emphasized the significance of proper procedural adherence in disciplinary actions, reinforcing the rights of employees against arbitrary removal. Keywords: WAPDA, service removal, appeal, legal representation, inquiry process, employment rights, administrative justice. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
Mr. Justice Shah Abdur Rashid,
S. A. Sayood
|
| Lawyers |
Mian Mahmood Hussain,
Mr. Shabbir Ahmad
|
| Petitioners |
Qaiser Javed
|
| Respondents |
Chairman, WAPDA
|
| Citations |
1986 SLD 2413 = 1986 PLC 1055
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908),
West Pakistan Water and Power Development Authority Act (XXXI of 1958)
|
| Sections |
4,
3,
5,
17(1-A)
|