Law:

Section:

(a) Civil service-- --- Disciplinary action--Departmental enquiry--Examination of witnesses in absence of accused--Amounts to denial of reasonable defence opportunity--Vitiates entire proceedings and consequential penalty order. (b) Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---R. 5(v) (a)--Action on receipt of enquiry report--Consideration by competent authority and if he is of tentative opinion that a penalty be imposed then to (i) determine provisionally penalty to be imposed; (ii) so inform accused; (iii) supply a copy of enquiry report to accused and (iv) call upon accused to show cause within a reasonable time why penalty proposed be not imposed--Provisions mandatory-­Non-compliance--Constitutes denial of a reasonable opportunity which per se would vitiate action taken--Neither copy of enquiry report supplied to accused nor opportunity given to show cause against proposed penalty--Impugned penalty order of termination of service, in circum­stances, held, stood vitiated hence set aside--Service Tribunals Act (LXX of 1973), S.4. (c) Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---Penalties--Nature of--Termination of service--Not a prescribed penalty--Dismissal, removal or compulsory retirement from service--All amount to termination of service--Penalty to be imposed as mentioned in rules by making specific mention thereof--Impugned order imposing penalty of "termination of service", held, vague and defective--Not maintainable. Qazi Atiqur Rehman for Appellant. Anwar H. Mir for Respondent. Date of hearing: 2nd January, 1985. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-- The appellant while posted as a Meter Reader in the office of the Sub-Divisional Officer, Electricity, WAPDA, Topi, District Mardan, was suspended from service vide Officer Order dated 28-3-1982 and was thereafter served with a charge-sheet for the allegation that he had opened the A.T.B. and reversed the meter of one Mr. Madar Khan son of Gul Khan. He submitted his reply denying the charges and pleading not guilty. Thereafter, an Enquiry Committee was appointed which conducted the enquiry and submitted…

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