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Petitioner: ALEEM JAFFAR VS Respondent: WAPDA
1995 P L C (C
1995 P L C (C.S.) 651
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah and Muhammad Rafiq Tarar, JJ
ALEEM JAFFAR
versus
WAPDA through its Chairman, WAPDA House, Lahore and 2 others
Civil Petition for Leave to Appeal No. 648/1, of 1993, decided. on 9th May, 1994.
(On appeal from the judgment of Federal Service Tribunal, Lahore in Appeal No. 161(L) of 1989, dated 13‑3‑1993).
West Pakistan Water and Power Development Authority Act (XXXI of 1958)‑‑‑
‑‑‑‑S.17(1‑A)‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Removal of employee from service‑‑‑Validity‑‑‑Employee was dismissed from service after having been convicted on charges of corruption and having received illegal gratification‑‑‑Employee's conviction was set aside by High Court‑‑‑Service Tribunal accepted employee's appeal against his dismissal on the ground that his conviction having been set aside, the very basis of dismissal had disappeared‑‑‑Employee was re‑instated in service with all consequential benefits‑‑‑Employee was again suspended and after service of show‑cause notice was removed from service‑‑‑Validity‑‑‑Leave to appeal was granted to consider the contention that Authority could not put the petitioner in double jeopardy by invoking provisions of S.17(1‑A) of the Act after having exonerated him of the charge.
Ghulam Farid and Usman Ghani's cases 1992 PLC (C.S:) 1199 and 1986 SCMR 1875 rel.
Hafiz Tariq Nasim, Advocate Supreme Court instructed by Muhammad Aslam Ch., Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 9th May, 1994.
ORDER
MUHMAMMAD RAFIQ TARAR, J.‑‑‑‑Aleem Jaffar petitioner, Ex -Line Superintendent in the WAPDA seeks leave to appeal from the judgment of the learned Federal Service Tribunal, dated 20‑7‑1992, whereby his appeal challenging his dismissal from service vide order dated 1‑6‑1989 passed under section 17(1‑A) of the WAPDA Act, was dismissed. .
The brief facts of the case are that the` petitioner was suspended from service vide order dated 10‑1‑1980 and subsequently dismissed on 22‑10‑1981 after having been convicted for an offence under section 161 of the P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and consequential sentence of three months R.I. and a fine of Rs. 500. He challenged the order of his dismissal in the Labour Court No. Il, Lahore and was reinstated by its order dated 1‑8‑1982. The respondents' appeal against the order of the Labour Court was dismissed by the Punjab Labour Appellate Tribunal in limine.
3. The respondents challenged the aforesaid order before the High Court through writ petition which was allowed holding that the WAPDA employees were civil servants and the order impugned therein was without jurisdiction. The petitioner then approached the Federal Service Tribunal for the redress of his grievance. During. the pendency of his appeal the order of his conviction and sentence was set aside by the High Court and he was acquitted. The learned Federal Service Tribunal held that the conviction having been set aside by the High Court, the very basis of dismissal had disappeared. His appeal was allowed and he was reinstated in service with all consequential benefits. He was taken on duty on the basis of the order of the Tribunal but was again suspended and after service of show‑cause notice he was removed from service under section 17(1‑A) of the WAPDA Act.
4. Learned counsel for the petitioner contends that the impugned order has been passed in violation of the law laid down by this Court in Ghulam Farid and Usman Ghani's cases viz. 1992 PLC (C.S.) 1199 and 1986 SCMR 1875. It is submitted that the respondent could not put the petitioner in double jeopardy by invoking the provisions of section 17(1‑A) of the Act after having exonerated him of the charge. The contentions require consideration. Leave to appeal is, therefore, granted.
AA./A‑1187/S Leave granted.