THE WATER AND POWER DEVELOPMENT AUTHORITY Through Its Chairman vs MUHAMMAD YOUSAF
This petition for leave to appeal was filed by the Water and Power Development Authority (WAPDA) challenging an order related to the removal of an employee. The primary legal question before the Supreme Court was whether an appeal is competent against orders for the removal of employees passed by the petitioner Authority under the provisions of the WAPDA Act, 1958. The Supreme Court, relying on its own recent authoritative precedent established in a series of similar petitions, including WAPDA v. Aftab Ahmad Warsi (1986 SCMR 18), held that the matter was already settled. Consequently, the Court dismissed the petition, affirming that the legal position regarding the competency of appeals against such removal orders had been definitively resolved in previous rulings. The judgment underscores the principle of stare decisis, confirming that where a specific legal question regarding the statutory powers of the Authority has been authoritatively decided by the Court, subsequent petitions raising identical issues must be dismissed in accordance with that established precedent.
- Is an appeal competent against orders for the removal of employees passed by the Water and Power Development Authority under Section 17(1-A) of the WAPDA Act, 1958?
- Section 17(1-A), WAPDA Act 1958
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 SCM R 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.