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Petitioner: WATER AND POWER DEVELOPMENT AUTHORITY VS Respondent: GHULAM FARIDHonorable Justice MUHAMMAD AFZAL LONE
1992 P L C (C
1992 P L C (C.S.) 1199
[Supreme Court of Pakistan]
Present: Nasim Hasan Shah, Abdul Shakurul Salam and Muhammad Afzal Lone, JJ
WATER AND POWER DEVELOPMENT AUTHORITY
Versus
GHULAM FARID
Civil Appeal Nor 245 of 1987, decided on 28th April, 1991.
(On appeal from the judgment dated 11-7-1984 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 445 of 1982)
West Pakistan Water and Power Development Authority Act (XXXI of 1958)---
----S. 17(1-A)---Removal of employee in exercise of summary powers-- Validity---Action of Authority in removing employee must rest on some material or initiated after due application of mind thereto, by competent Authority---Where ouster of employee under summary powers was not founded on any evidence, same would be merely an arbitrary and capricious exercise of power---Judgment of Service Tribunal indicated that despite its demand, employee's service record, A.C.Rs. and other material showing that he was corrupt and inefficient were never produced before it---Even departmental record was not placed before Court to demonstrate that employee's case was duly processed, and on basis of his service record and other material, he was not considered fit for retention in service---During hearing of appeal employee's acquittal from charge of having accepted illegal gratification from some client also came to light---In absence of relevant material, order regarding employee's removal from service could not be sustained; such order was rendered as an order not based on any evidence-- Employee was thus, entitled to reinstatement in service.
Syed Iftikhar Ahmad. Senior Advocate, Supreme Court instructed by Rana Maqbool Ahmad Oadri, Advocate-on-Record for Appellant.
Respondent in person.
Date of hearing: 28th April 1991.