Law: West Pakistan Water and Power Development Authority Act (XXXI of 1958)

Section: 18

Law: Constitution of Pakistan, 1962

Section: 199

(a) Natural justice, principles of-Maxim: "Memo debet lie vexari prouna et eadem" (none shall be twice vexed for one and slime cause)-Equally applicable to civil as well as criminal proceedings - Employee once charge-sheeted and punished by competent authority-Cannot be charge-sheeted and punished again in respect of same charges. Broom's Legal Maxims p. 219 ref. (b) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1966, r. 5-Dismissal order showing four charges to have been taken into consideration but two of such charges not forming subject-matter of charge sheet- Employee, hold, punished without being given opportunity to show cause and against mandatory requirement of r. 5. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 18-No delegation of power in respect of dismissal of employees having been made by WAPDA it favour of Chairman, Chairman could not pass orders for dismissal -Authority delegated td Chairman or Member in respect of making appointments--Does not confer power to dismiss employees. Section 18 of the Water and Power Development Authority Act, 1958, provides that the Authority shall prescribe the pro cedure for appointment and terms and conditions of service of its officers and servants and shall be competent to take disciplinary action against its officers and servants. In the absence of any delegation by the Authority, therefore, the Chairman was in no position and had no power to pass the impugned order against the petitioner. Counsel for the Authority relied upon Resolution No. 43 of the Authority to show that in respect of making of appointments, power had been delegated by the Authority to the Chairman or a Member. Even if it be accepted for the sake of argument that this was possible under the law, this did not confer upon the Chairman or the Member the power to dismiss a person in the employ of the Authority because Resolution No. 43 does not delegate any such power to them. (d) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1966, r. 5-Report of Inquiry Officer-Not binding on Appointing…