Law:

Section:

(a) Service Tribunals Act (LXX of 1973)----- ---S. 4--Limitation Act (IX of 1908), Ss. 3 a 5--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1-A)-­Time-barred appeal-- Condonation of delay--Time spent in pursuing incompetent remedy for review with department--In application for condonation of delay appellant explaining to satisfaction of Tribunal that Authority had been entertaining review petition from orders under S. 17(1-A) of Ordinance and had in some cases actually accepted such petitions--Authority also issuing general letter stating as to how a review petition could be made--Tribunal in similar cases had been condoning delay--Delay in filing appeal condoned in circumstances. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S. 17(1-A)--Removal from service--Appellant a Meter Reader charged for a number of irregularities but none of allegations made against appellant so serious as to call for action of removal from service-­Appellant charge-sheeted but found innocent by Inquiry Officer-­Possibility, that officers senior to appellant were party to fraud committed by consumer of electricity and appellant having not connived with them was made a victim, not ruled out--All material not placed before Authority when impugned order was passed and recommendation made to authority for taking action rot supported by record or any other evidence--Order of removal set aside and appellant re-instated. Mian Mahmood Hussain for Appellant. Date of hearing: 6th April, 1986. ed. JUDGMENT MR. JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--The appellant, Qaiser Javed while serving as Meter Reader, was removed from service under section 17(1-A) of the WAPDA Act by order, dated 31-7-1982. He filed a departmental representation to the authority for review of the order on 29-8-1982, but having received no reply, filed the present appeal before us on 12-12-1982 within 120 days of the filing the representation. 2. Mr. Shabbir Ahmad, appearing for WAPDA, has raised preliminary objection that the appeal is barred by time. It was contended that against an order passed under section 17(1-A), no representation for review was…

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