Law: Service Tribunals Act, 1973

Section: 4(1)(a)

(a) Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978--- ----Rr. 4(1)(b)(iii), 4(1)(b)(iv) 6---Security guards (petitioners) deliberately causing injuries to their senior---Removal from service---During the departmental proceedings, both the petitioners had submitted an affidavit wherein they admitted the incident---However, they took the stance that it was their senior, who hurled abuses at them and pointed a rifle towards them, upon which they punched him---Such story of the petitioners appeared to be an afterthought, because, if this was the position, why they did not make a complaint against their senior and kept mum for four days until the explanation was sought from them---Inquiry was conducted by the Deputy Director Security wherein two Junior Engineers were also members---All the legal requirements for appointment of Inquiry Officer or an Inquiry Committee provided under R. 6 of the Pakistan Wapda Employees (Efficiency and Discipline) Rules, 1978 were fulfilled---Inquiry report categorically showed that four witnesses appeared against the petitioners and while recording the statement of each witness, ample opportunity was given to the petitioners to cross-examine them but they declined to cross-examine the witnesses---In the present case disciplinary proceedings were being carried out against the petitioners, therefore, there was no need to join the injured during the inquiry proceedingss being security guards were supposed to perform their duties in a disciplined manner---Due to their conduct, the trust and faith showed by their employer was shattered resulting in loss of confidence---Manner in which the petitioners, on whom confidence was reposed to give protection and to perform their duty in a disciplined manner, attacked their supervisor repelled any consideration of treating them leniently---Petitions for leave to appeal were dismissed and leave was refused. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4(1)(a)---Service Appeal filed before the Federal Service Tribunal without waiting for the prescribed 90 days period to expire after filing of departmental appeals---Competency---Such Service Appeal would be incompetent in view…

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