Law: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978

Section: 3,4(1)(b)(ii),5

Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978)---   ----Rr. 3, 4(1)(b)(iii) 5---Pakistan Water and Power Development Authority Pension Rules, 1977, Chapter-1, Serial No.7, Notes, 1, 2---Service Tribunals Act (LXX of 1973), S. 4---Removal from service---Appeal--Appellant who was removed from service on certain allegations, without holding any inquiry against him, had filed appeal against order of his removal from service-Appellant had contended that he had already been compulsorily retired from service under S. 17(1-A) of Pakistan Water and Power Development Authority Act, 1958 and that at time when order of his removal was passed against him, he being no more in service, such order was void ab initio---Authority admitted that appellant had been compulsorily retired from service by competent Authority, but had claimed that under Pakistan Water and Power Development Authority Pension Rules 1977 appellant could be proceeded against for any act of omission or commission committed by him during service within one year---Authority had contended that action taken against appellant was according to rules and no illegality had been committed by Authority and that appeal filed by appellant was incompetent---Validity---Appellant having been compulsorily retired from service prior to order of his removal from service, such order stood abated---In absence of any other express provision laid down to deal with the situation, Note-2, Serial No. 7, Chapter 1 of Pakistan Water and Power Development Authority Pension Rules, 1977, would be applicable to deal with cases of all such employees, retired for whatever reason i.e. superannuation or as a result of some punishment and Note-1 of said Rules relied upon by Authority to justify infliction of punishment of removal from service on appellant, was not applicable in the present case---Punishment awarded to appellant, was illegal and could not be sustained. JUDGMENT JEHAN ZAIB BURKI, (MEMER).---Ch. Muhammad Iqbal Arshad, Ex-DO (E) Khurrianwala Sub-Division, FESCO was removed from service vide order dated 18-12-1999 by the Chief Executive (FESCO) Faisalabad. He filed a departmental appeal…

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