ZAIN YAR KHAN vs CHIEF ENGINEER, C.R.B.C., WAPDA, D.I. KHAN and another
This matter involves a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's service appeal. The core legal question concerns the scope of the appellate authority's powers under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, specifically whether such an authority possesses the power to remand a disciplinary case for a fresh inquiry and, if so, whether such an order is valid if it fails to specify the reasons or grounds for the remand. The petitioner contended that while the appellate authority may enhance, reduce, or modify penalties, it lacks the authority to order a fresh inquiry, and further argued that the remand order in this instance was deficient for lacking stated reasons. The Supreme Court granted leave to appeal to examine whether the appellate authority’s order of remand, issued without specifying reasons, fell within the scope of its powers under the relevant rules. The Court noted that the impugned order failed to articulate the technical grounds justifying the remand, necessitating judicial review of the appellate authority's procedural compliance.
- Does the appellate authority under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 have the power to remand a disciplinary case for a fresh inquiry?
- Is an order of remand passed by an appellate authority valid if it fails to specify the reasons or grounds for such remand?
- Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978
ORDER
1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal, dated 23-10-1995 whereby his service appeal was dismissed.
2. ' In seeking leave to appeal, the learned counsel for the petitioner firstly contended that although under the relevant rules the appellate authority is entitled to enhance, reduce or modify the penalty imposed on the employee but it has no power to remand the case for a fresh inquiry by the competent Authority. It is also contended by the learned counsel that while remanding the case for fresh inquiry, the appellate authority did not mention any ground in support of the order of remand.
3. In the impugned judgment of the Service Tribunal the order passed by the appellate authority has been reproduced which shows that the appeal of the petitioner was accepted and the case was remanded for retrial on some technical grounds but the technical ground on which case was remanded and appeal was accepted, have neither been specified nor any other reason is given by the appellate authority.
4. We grant leave to appeal in the above case to consider the legal point whether the order passed by the appellate authority remanding the case without specifying the reasons therefor, was an order properly passed in the case within the scope of powers enjoyed by it under Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978? revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.