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West Pakistan Water and Power Development Authority Act (XXXI of 1958)---S. 17(1-A)--Government Servants (Efficiency and Discipline) Rules, 1975, R . 4--Civil service--Removal from service under S . 17 (1-A) of WAPDA Act during departmental proceedings--Not barred--WAPDA employee found responsible for a fatal accident--Departmental proceedings initiated but before the enquiry could be completed, employee removed from service under S. 17(1-A) of Act (XXXI of 1958) by giving him 30 days' pay in lieu of notice and without assigning any reason--Service Tribunal on appeal took view that once departmental proceedings had been started for some specific charges it was not open to Authority to take resort to its powers under S. 17(1-A) of WAPDA Act because in circumstances removal from service amounted to a stigma--Tribunal set aside order of removal and directed re-instatement of employee in service--Held, if law provided appellant Authority with two different modes for terminating services of its employees, mere fact that it had, to begin with, elected to act under one mode would not, in absence of bar in law, preclude it from adopting second mode at later stage--View taken by Tribunal detracts from power which Legislature expressly conferred on Authority- without any warranty--Since allegation against employee was not established by Enquiry Officer and order of removal did not assign any reason, it was a case of termination simpliciter and did not attach any stigma to employee--Order of Service Tribunal set aside. Abdul Karim v. West Pakistan Province P L D 1956 S C 298 and Secretary, East Pakistan Industrial Development Corporation v. Mir Muhammad Siraj 1970 S C M R 398 rel. JUDGMENT SAAD SAOOD JAN, J.-- This is an appeal from the order dated 3-9-1984 of the Federal Service Tribunal whereby the order of the appellant authority removing the respondent from service was set aside and a direction was given that he be reinstated in service with all consequential benefits. 2. The respondent was employed as Lineman under the appellant authority. An Assistant Lineman serving under him died in an accident. An inquiry was held and as a result he was found responsible for the…

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