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

Section: 12

Water and Power Development Authority (El1Iciency and Discipline) Rules, 1978 R. 12-Alleged offence committed much prior to enforcement of rules-Accused punished with penalty of stoppage of increment and warning -Review of case after 2 years and imposition of penalty of dismissal, held, not sustainable--Offence committed earlier than enforcement of Rules, held, cannot be covered by these Rules. Date of hearing : 9th December, 1980.                                                                                                                       DIRECTIONS This petition has been submitted by Mohammad Ashraf son of Ch. Ali Mohammad, Meter Reader WAPDA under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against the Chairman, WAPDA Lahore. The petitioner was appointed as Meter Reader in WAPDA in the year 1968. On 31st August 1977 while working at Vehari he was charge -sheeted by the respondent. The petitioner clarified his position. The Executive Engineer Burewala did not hold any enquiry and placed him under suspension on 22nd June, 1977. He was served with a charge-sheet on 31st August, 1977. He was however re-instated on 23rd April, 1978 and awarded punishment of withholding two increments permanently. He was not allowed full pay for the period he remained under suspension. 2. The petitioner has submitted that after a lapse of about 2 years another show-cause notice was issued by the respondent on 30th April, 1980 and a closed matter for which the petitioner had already been punished reopened. The petitioner replied to the show-cause notice and explained his position that the matter stood closed and as such any action at a belated stage was quite uncalled for. He has submitted that the respon dent with mala fide intention invoked rule 12 of the Efficiency and Dis cipline Rules of WAPDA, 1978 in order to revise the punishment when the case already…