| Citation(s) |
|---|
| 2008 SLG 1412 2008 SLD 1412 2008 PLC 1302 |
Federal Service Tribunal, Islamabad
Appeal No.160(L)(C.S.) of 2000, decided on 31st March, 2004, Date of hearing: 31st March, 2004.
MOAZZAM HAYAT AND, JEHAN ZAIB BURKI, MEMBERS
Syed Anayat Ullah for Appellant. Muhammad Iqbal Khokhar for
Respondents.
Appeal No.160(L)(C.S.) of 2000, decided on 31st March, 2004, Date of hearing: 31st March, 2004.
MOAZZAM HAYAT AND, JEHAN ZAIB BURKI, MEMBERS
Syed Anayat Ullah for Appellant. Muhammad Iqbal Khokhar for
Respondents.
MUHAMMAD IDREES
VS
CHAIRMAN, WATER AND POWER DEVELOPMENT AUTHORITY WAPDA HOUSE, LAHORE and 3 others
Law: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
Section: 3(b),4(1)(b)(iv),6-A
Law: Service Tribunals Act, 1973
Section: 4
Law: Service Tribunals (Procedure) Rules, 1974
Section: 7
(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----Rr. 3(b), 4(1)(b)(iv) 6-A---Service Tribunals Act (LXX of 1973), S.4---Service Tribunals (Procedure) Rules, 1974, R. 7---Dismissal from service---Appeal---Appellant, who was dismissed from service on account of misconduct, had filed appeal against his dismissal order---Appeal had been resisted by the Authority on two grounds, firstly that appellant had not filed Departmental appeal before filing appeal before Service Tribunal and secondly that Executive Engineer who had passed dismissal order against appellant was not made party---Appellant had not filed Departmental appeal--Order of dismissal in case was passed against appellant by Executive Engineer, but he was not impleaded in appeal as respondent---Rule 7 of Service Tribunals (Procedure) Rules, 1974 had clearly stated that in every memo of appeal, competent Authority against whose orders appeal was preferred would be shown as respondent---Contention of the Authority was that as by not impleading Executive Engineer as respondent provisions of R.7 of Service Tribunals (Procedure) Rules, 1974 had been violated, appeal filed by appellant was liable to be dismissed on that ground---Contention was repelled, because appellant had filed appeal against WAPDA and said Executive Engineer was an employee of WAPDA---Appeal by appellant had been properly defended by the Authority notwithstanding non-joinder of Executive Engineer---As no prejudice had been caused to the Authority by non-joinder of Executive Engineer, appeal could not be dismissed on that ground---Appellant had not been discriminated by transferring him from one place of working to another, firstly because so many other employees had been transferred and secondly appellant had worked for 14 years at place from where he was transferred---Even otherwise transfer was an administrative matter and was ordered in routine---Appellant on basis of transfer order could not claim victimization particularly when he already remained at one station for about 14 years---Transfer was not mala fide---Proceedings against appellant were not conducted secretly,…
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