| Case ID |
eb6d1cd3-db2a-44bc-9a2a-4ca85fabe911 |
| 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 on the grounds of incompetency and failure to fulfill the jurisdictional requirements. The Tribunal found that the appellant, Miss Akhtar Roseline, did not file a departmental appeal within the prescribed period of sixty days, which barred her from appealing to the Service Tribunal. The case emphasized the necessity of exhausting all departmental remedies before seeking relief from the Tribunal. The decision highlighted that the appellant's failure to explain the delay and her actions during the inquiry process did not warrant a favorable exercise of discretion regarding the condonation of delay. The ruling affirmed the importance of adhering to procedural requirements and the implications of not doing so. |
| Summary |
This case revolves around the appeal of Miss Akhtar Roseline against her dismissal from service as a Telephone Operator at WAPDA, Lahore. The dismissal was based on allegations of fraudulent employment through impersonation, linked to a bogus Matriculation Certificate. The Federal Service Tribunal ruled that the appeal was incompetent due to the appellant's failure to file a necessary departmental appeal within the stipulated period. The case underscores significant legal principles regarding service discipline, the necessity of compliance with procedural norms, and the jurisdictional prerequisites for appeals in service matters. The Tribunal's decision reinforces the importance of timely actions and the implications of failing to follow established legal pathways for grievance redressal within the framework of public service laws. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
West Pakistan Water and Power Development Authority (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 1296,
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
|