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WATER AND POWER DEVELOPMENT AUTHORITY versus MUHAMMAD YOUSAF


Termination of its employees approved by WAP DA under Article 212 (3) West Pakistan Water and Power Development Authority Act (XXXI of 1941), Section 17 (1A) Service Tribunals Act (LXX of 1973) Appeal against the orders of is consistent. Section 17 (1A) (XXXI of 1958) of the Act has already been resolved by the Supreme Court in an authoritative decision and many such applications filed by WAPDA were also excluded on this basis.

1986 S C M R 1013

Present: Nasim Hasan Shah and S.A. Nusrat, JJ

THE WATER AND POWER DEVELOPMENT AUTHORITY through its Chairman‑‑Petitioner

versus

MUHAMMAD YOUSAF‑‑Respondent

Civil Petition No. 1153 of 1984, decided on 16th November, 1985.

(On appeal from the judgment, dated 13‑10‑1984 of the Federal Service Tribunal, Islamabad in Appeal No. 654(L) of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212(3)‑‑West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1‑A)‑‑Service Tribunals Act (LXX of 1973), S.9 ‑Competency of appeal against orders for removal of its employees passed by WAP.DA under S.17(1‑A) of Act (XXXI of 1958)‑‑Question having already been resolved by Supreme Court in an authoritative decision and several similar petitions filed by WAPDA dismissed on that ground‑‑Leave to appeal refused.

1986 S C M R 18 ref.

Syed Iftikhar Ahmad, Advocate Supreme Court with S. Inayat Hussain, Advocate‑on‑Record for Petitioner.

Sh. Masud Akhtar, Advocate‑on‑Record for Respondent.

Date of hearing: 16th November, 1985.

ORDER

NASIM HASAN SHAH, J.‑

‑The main question arising in this petition is whether an appeal is competent against orders for removal of its employees passed by the petitioner Authority under subsection (1‑A) of section 17 of the WAPDA Act, 1958. This question now stands resolved by this Court by an authoritative decision reported as 1986 SCMR 18 which was noticed by this Court while dismissing several similar petitions filed by WAPDA, viz. Civil Petition No. 885/84 WAPDA v. Aftab Ahmad Warsi, Civil Petition No. 886/84: WAPDA v. Ch. Bashir Ahmad, Civil Petition No. 887/84; WAPDA v. Zia M. Bashir, Civil Petition No. 888/84; WAPDA v. Muhammad Nawaz, Civil Petition No. 889/84; WAPDA v. Muhammad Baitullah and Civil Petition No. 890/84; WAPDA v. Muhammad Islam Chughtai, recently.

2. This petition must, therefore, fail and is, accordingly, dismissed hereby.

M.I. Petition dismissed.

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