Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)- ---- S. 17 (1-A) read with WAPDA Employees (Efficiency and Discip­line) Rules, 1975, r. 8--Termination of service-Action impugned on grounds of malice and colourable exercise of powers--Appellant's suspension under r. 8 of WAPDA Employees Efficiency and Disciplinary Rules, 1975--No further proceedings/Inquiry held for 2 months-Termination order issued under S. 17 (1-A) of West Pakistan WAPDA Act, 1958-Rzapondent after submission of objection remaining absent----Ex parte hearing held--Circumstances, held, weighty enough particularly because respondents failure to enable Tribunal to make scrutiny of record--Appeal accepted with orders for re-instatement with full consequential benefits. Ch. Muhammad Hussain for Appellant. Nemo for Respondent. Date of hearing : 19th December, 1978. ORDER B. G. N. KAZI (MEMBER).---Mr. Muhammad Ishaq Khan whey was initially appointed as temporary Junior Engineer on 26th January, 1962 and was later on promoted as Executive Engineer on 19th February, 1968 was removed from service by the respondent under subsection (1-A) of section 17 of West Pakistan WAPDA Act, 1958 has filed the instant appeal against the order. 2. It is the case of the appellant that on the basis of the complaint presented by Lt.-Col. (Retd.) Amanullah Khan the respondent vide order dated 24th June 1976 had placed the appellant under suspension. It was further ordered that during the period of suspension he will draw subsistence allowance at the rate of 50% and other allowance if any admissible under the rules applicable to him. Although the order of suspension was passed under rules 8 of the Efficiency and Discipline Rules no enquiry was ordered to be held against him and soon thereafter that is on 14th September, 1976 the impugned order removing him from service on payment of 30 days` pay in lien of 30 days notice was served on him. 3. This appeal was filed on 28th September, 1976 and admitted for hearing on 20th November 1976. Notice was issued to the respondent and objections were tiled on 23rd May, 1978. The counsel for the respon­dent remained absent on the date of final hearing and…

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