Law:

Section:

Pakistan Industrial and Commercial Employment (Standing Order) Ordinance, 1968-- ----S. O. 15(3)--WAPDA Employees (Efficiency & Discipline) Rules, 1978, R. 6(1)--Dismissal from service--Inquiry proceedings were tainted with serious irregularity--No opportunities were provided--Question of--Whether charges leveled against petitioner through charge sheet were covered by definition of misconduct--Determination--Proceedings initiated against petitioner under WAPDA Employees (Efficiency and Discipline) Rules, 1978 were wholly without jurisdiction and respondents could proceed against petitioner under Rules, 1978--If act of petitioner is not covered by definition of "misconduct" as given in Standing Order 15(3) then question of initiating an inquiry as well as imposition of major penalty of dismissal from service could not arise--If basic act is void then entire superstructure developed on basis of an action not countenanced in law must fall to ground--"Misconduct" attributed to petitioner is not covered under Standing Order 15(3); therefore, question of imposition of penalty under Standing Order 12 (2) would not arise--Proceedings initiated against petitioner were tainted with legal malice as same cannot be countenanced in law--Courts below had failed to appreciate legal question involved in instant case; and passed impugned s in a mechanical manner. [Pp. 259, 261 & 262] A, B, C, D & E Judgment Through this single judgment, I am inclined to decide the instant writ petition and W.P.No. 14079/2012 (Kot Addu Power Company Limited (KAPCO) etc., versus Muhammad Asim Khan etc) as the similar questions of law and the facts are involved in both the writ petitions. 2. The facts of the case are that the petitioner was employed with Respondents No. 3 and 4 as Attendant (shift-C). On account of an act of "misconduct", petitioner was served with the charge sheet on 13.01.2003 along with statement of allegations of abusing, severely beating and assaulting one Atta Ullah Khan, Assistant Chemist, Employee of Kot Addu Power Company. The petitioner submitted his reply on 03.02.2003 which was found unsatisfactory by the employer and therefore inquiry committee was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492