| Case ID |
ed87d6e4-af1c-4f11-8986-1b77b5cd7247 |
| Body |
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| Case Number |
Civil Appeal No. K-126 of 1980 |
| Decision Date |
Apr 03, 1986 |
| Hearing Date |
Apr 03, 1986 |
| Decision |
The Supreme Court of Pakistan found that the removal of the appellant, Usman Ghani, from his position as Executive Engineer at WAPDA was not conducted in good faith and was based on extraneous considerations. The Court noted that the authority had initially initiated disciplinary proceedings under the Efficiency and Discipline Rules but later resorted to using section 17(1-A) of the West Pakistan Water and Power Development Authority Act for removal. The Court emphasized that such an order must be made in a bona fide manner and that any mala fide action would render the removal invalid. Consequently, the Court set aside the removal order and the decision of the Service Tribunal. The appeal was allowed, with each party bearing its own costs. |
| Summary |
This case revolves around the procedural integrity of disciplinary actions taken against an employee of the Water and Power Development Authority (WAPDA). The appellant, Usman Ghani, was removed from his position under section 17(1-A) of the West Pakistan Water and Power Development Authority Act. The Supreme Court scrutinized the circumstances surrounding his removal, particularly the transition from disciplinary proceedings to dismissal without adequate justification. The ruling underscored the necessity for authorities to act in good faith and adhere to procedural fair play when removing employees, emphasizing that mala fide actions cannot uphold legal validity. This case is significant for understanding employee rights and the limits of authority in administrative actions within public service sectors. Keywords like 'employee rights', 'disciplinary action', 'WAPDA', and 'Supreme Court ruling' are crucial for optimizing searchability and relevance in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority (WAPDA)
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH, J.,
ZAFFAR HUSSAIN MIRZA, J.,
MIAN BURHANUDDIN KHAN, J.
|
| Lawyers |
Kunwar Mukhtar Ahmad,
Shabbir Ghaury,
Talmiz Burney,
A.A. Dastgir
|
| Petitioners |
USMAN GHANI
|
| Respondents |
another,
FEDERAL SERVICE TRIBUNAL
|
| Citations |
1986 SLD 1018,
1986 SCMR 1875
|
| Other Citations |
WAPDA v. Muhammad Arshad Qureshi 1986 SCMR 18
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act
|
| Sections |
17(1-A),
17(1-C)
|