Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-­ ---S. 4--Limitation Act (IX of 1908), S. 5--Appeal before Tribunal-­Limitation--Condonation of delay--Appellant a WAPDA employee seeking remedy before Labour Court--Law relating to jurisdiction of Service Tribunal in respect of WAPDA employees at relevant time not clear-­ Appeal before Tribunal filed within 3 days from date petition returned by Labour Court for want of jurisdiction--belay, in circumstances, condoned. (b) Civil service-- --- Disciplinary action--Departmental enquiry--Findings of guilt-'based only on conjectures and surmises and not on consideration of any evidence--Penalty Order based on such findings not sustainable. (c) Civil service-- --- Disciplinary action--Reasonable defence opportunity--Prejudice-­Non-compliance with requirements of rules pertaining to defence opportunity--Constitutes denial of reasonable opportunity--Per se vitiates action--Amount of prejudice to accused need not be taken into consideration in such cases--WAPDA employee neither supplied copy of enquiry report nor afforded opportunity to show cause against imposition of provisionally determined penalty as per rules--Entire proceedings and consequential penalty order, in circumstances, held, vitiated--West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, r. 5(v)(a). Riaz Ahmed for Appellant. Khan Muhammad Virk for WAPDA. Date of hearing: 6th November, 1984. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--This appeal is directed against the order, dated the 10th of September, 1982, passed by the Chairman, Area Electricity Board, WAPDA, Gujranwala, whereby penalty of removal from service was imposed upon the appellant for the acts of omission and commission allegedly committed by him as Line Superin­tendent-I. 2. A preliminary objection with regard to the limitation was raised by the learned counsel for the respondent-Authority. It is correct that the appeal has been filed beyond the prescribed period of limitation with an application under section 5 of the Limitation Act has been made seeking condonation of delay on the ground that the delay occurred in filing the appeal is not deliberate as…

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