| Case ID |
d6ec8046-c6eb-4094-88c6-b3f83d5b58a8 |
| Body |
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| Case Number |
Civil Appeal No. 829 of 1993 |
| Decision Date |
Jan 29, 1996 |
| Hearing Date |
Dec 03, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the Federal Service Tribunal's decision to convert the removal of Fida Muhammad Khan from service into compulsory retirement. The Court determined that the Tribunal acted within its jurisdiction when it found the punishment excessive, considering the return of the illegal gratification amount and the length of service of the respondent. The Court held that the action taken against Fida Muhammad Khan was untenable due to the lack of an adequate opportunity to contest the allegations against him, thus siding with the Tribunal's ruling. |
| Summary |
In the case of Civil Appeal No. 829 of 1993, the Supreme Court of Pakistan addressed the appeal by the Water and Power Development Authority (WAPDA) against the Federal Service Tribunal's decision concerning Fida Muhammad Khan. The Tribunal had converted Khan's removal from service due to alleged misconduct into compulsory retirement. The Supreme Court examined the legality of the Tribunal's decision, particularly focusing on the procedural aspects of the case, including the allegations of illegal gratification amounting to Rs. 2,17,000 that Khan allegedly received for electrification work. The Court emphasized the importance of adhering to due process, specifically the need to provide employees with an opportunity to defend themselves against allegations of misconduct. The ruling highlighted that the Tribunal rightfully considered the return of the illegal gratification and Khan's lengthy service in determining that the initial punishment was excessive. This case underscores the significance of fair disciplinary procedures in public service and the authority of Service Tribunals to modify penalties when warranted. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Judges |
SALEEM AKHTAR,
MANZOOR HUSSAIN SIAL,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Ch. Ijaz Ahmad, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record (absent),
Muhammad Munir Paracha, Advocate Supreme Court
|
| Petitioners |
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA, Lahore and another
|
| Respondents |
FIDA MUHAMMAD KHAN
|
| Citations |
1996 SLD 653,
1996 PLC 700
|
| Other Citations |
WAPDA v. Abdul Sattar and others 1990 SCMR 934,
Aijaz Nabi Abbasi v. WAPDA and another 1992 SCMR 774,
WAPDA v. Shah Imroz 1986 SCMR 840,
WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18,
WAPDA v. Zahoor Ahmed 1994 SCMR 960
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (31xju of 1958),
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
17(1-A),
4,
Art. 212
|