Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 1239

[Supreme Court of Pakistan]

Present: Sh. Riaz Ahmed, C. J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ

MUHAMMAD NAVEED IQBAL

Versus

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others

Civil Petition No. 1280 of 2002, decided on 12th June, 2003.

(On appeal from the judgment of Federal Service Tribunal dated 7-5-2002 passed in Appeal No.1479(L)(CS)/2000).

Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978---

----Rr.4 & 10---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (19731, Art. 212(3)----Reinstatement in service---Back benefits-- Determination---Civil servant was proceeded against under the provisions of Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, and was awarded penalty of compulsory retirement from service---Appeal before Service Tribunal, against the penalty imposed by the Authorities, was allowed and the civil servant was reinstated in the service---Service Tribunal left the matter relating to back benefits to the Authorities---Plea raised by the civil servant was that withholding the back benefits was not proper and legal---Validity---Service Tribunal having considered the question relating to the grant of back benefits to the civil servant, had rightly left it open for decision by the concerned Authority on conclusion of the departmental inquiry, if any---Supreme Court declined to take any exception to the discretion exercised by the Tribunal---No question of law of public importance being involved in the petition for interference of Supreme Court---Leave to appeal was refused.

Syed Ali Hussain Gilani, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner.

Muhammad Nawaz Bhatti, D.A.G. for Respondents.

Date of hearing: 18th November, 2002.

JUDGMENT

MUHAMMAD NAWAZ ABBASI, J---The petitioner, an employee of Water and Power Development Authority (WAPDA) was proceeded against for the charge of misconduct under Pakistan WAPDA (E&D) Rules, 1978 and was awarded the punishment of compulsory retirement from service vide order dated 15-7-1999. The departmental appeal filed by the petitioner was not decided within the statutory period and he approached the Federal Service Tribunal for. redressal of his grievance. The Tribunal having dilated upon the matter in detail, allowed the appeal vide judgment dated 7-5-2002 and directed reinstatement of the petitioner in service without back-benefits.

2. The petitioner through this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 has sought leave to appeal against the judgment of Service Tribunal to the extent of refusal of back-benefits.

3. Learned counsel for the petitioner has contended that since the petitioner was compulsorily retired from service without any legal Justification, depriving him from the legitimate right of earning of livelihood, therefore, withholding, the back-benefits was not proper and legal.

4. The perusal of the judgment of the Tribunal reveals that the Tribunal having considered the question relating to the grant of back-benefits to the petitioner, left it open for decision by the concerned authority on conclusion of the departmental inquiry, if any, therefore, we are not, inclined to take any exception to the discretion exercised by the Tribunal anti further no question of law of public importance is involved in this petition for interference of this Court. This petition is, accordingly, dismissed.

M.H./M-754/S Petition dismissed.

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