YAR MUHAMMAD vs WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others
This petition for special leave to appeal before the Supreme Court of Pakistan challenged the competency of the Managing Director and the Water and Power Development Authority (WAPDA) to amend Rule 12 of the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978. The petitioner contended that such an amendment fell outside the scope of Section 18 of the West Pakistan Water and Power Development Authority Act 1958, and that Section 29 of the Act only envisaged the framing of regulations, not rules, by the Authority with the approval of the Government. The Supreme Court analyzed Sections 18 and 29 of the Act, noting that Section 29 is of a general nature, whereas Section 18 specifically empowers the Authority to prescribe the terms and conditions of service of its employees. The Court held that because rules regulating disciplinary proceedings relate directly to the terms and conditions of service, the Authority is fully competent to make or amend them under Section 18 without requiring government approval under Section 29. Consequently, the amendment to Rule 12 was declared valid, and the petition was dismissed.
- Whether the Water and Power Development Authority has the exclusive competency to amend its employees' disciplinary rules under Section 18 of the West Pakistan Water and Power Development Authority Act 1958 without government approval?
- Does Section 29 of the West Pakistan Water and Power Development Authority Act 1958 restrict the Authority's specific power under Section 18 to prescribe terms and conditions of service?
- Are rules regulating disciplinary proceedings of WAPDA employees considered part of their terms and conditions of service under the West Pakistan Water and Power Development Authority Act 1958?
- Section 18, West Pakistan Water and Power Development Authority Act 1958
- Section 29, West Pakistan Water and Power Development Authority Act 1958
- Rule 12, Pakistan WAPDA Employees (Efficiency and Discipline) Rules 1978
ORDER
1. ' SAAD SAOOD JAN, J.--This is the second time that this petition for special leave to appeal has come up for consideration. The question that now requires determination has been formulated by Sajjad Ali Shah, J. It reads as follows: "Contention is that the' Managing Director and Authority are not competent to amend Rule -12 of the said Rules as such power is beyond the scope of section 18 of the West Pakistan Water and Power Development Authority Act XXXI of 195$ and section 29 thereof envisages framing of regulations and not rules by the Authority with the approval of the Government."
2. ' The provisions having a bearing on the question are sections 18 and 29, Water and Power Development Authority Act, 1958. Section 18 reads as follows: "The Authority shall prescribe the procedure for appointment, and terms and conditions of service of its officers and servants, and shall be competent to take disciplinary action against its officers and servants."
3. Section 29, ibid, is in the following terms: "For the purpose of carrying into effect the provisions of this Act, the Authority may with the approval of the Government, frame such Regulations as it may consider necessary or expedient."
4. It will be noticed that section 29, ibid, is of a general nature while section 18, ibid, deals specifically with the terms and conditions of service of the employees of the Authority. As the rules regulating the disciplinary proceedings are concerned, they relate to the terms and conditions of service of the employees of the Authority and as such it is the Authority which is competent to make or amend them under section 18, ibid. Thus, the amendment by the Authority in rule 12 of the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 cannot be assailed on the ground of competency. The petition is therefore dismissed.