Case Details

Citation(s)
1989 SLG 1187 1989 SLD 1187 1989 PLC 229
Federal Service Tribunal, Islamabad
Appeal No.662(L) of 1982, decided on 15th October, 1984.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND ABDUR RASHID, MEMBER
Mian Mahmood Hussain for Appellant. Syed Kamal Mufti for WAPDA.

Syed JAVAID HUSSAIN

VS

CHAIRMAN, WAPDA, LAHORE

Law:

Section:

West Pakistan Water and Power Development Authority Act (XXX1 of 1958)-- ---S.17(1-A)--Removal from service--Appellant was removed from service by Authority on allegation that he made bogus or wrong reading in 15 cases-­Appellant fully explained each and every case and explanation given by him showed that there was reasonable doubt for appellant's culpability--Appellant being a young man having commenced his service from 1978, case was appropriate in which he should only be warned for being careless--Extreme action of removing him from service was not called for. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--The appellant, who had joined as Meter Reader on 4-8-1978, was removed from service under section 17(1-A) of the WAPDA Act by order dated 31-7-1982. The appellant has challenged the order of removal by way of this appeal. 2. We have heard the learned counsel appearing for the appellant as also the learned counsel for WAPDA. 1t is admitted that in the first instance on certain charges, the appellant was suspended from service on 18-2-1981 and a charge-sheet dated 17-2-1981 was served on him on 25-2-1981. On receiving the reply of the appellant, he was reinstated into service on 11-3-1981. Another charge-sheet dated 18-2-1981 was served on the appellant on 25-2-1981. The appellant entered his defence by refuting the charge which was to the effect that in 15 cases, he made bogus or wrong reading. The Inquiry Officer was appointed who examined the appellant, but did not proceed further till order under section 17(1-A) was passed on 31-7-1982. 3. The learned counsel for respondent has admitted that action under section 17(1-A) was taken against the appellant for recording wrong and bogus readings of meters of different consumers. The learned counsel for the appellant has, however, successfully explained before us that the readings at S. Nos. 3, 5, 7 and 9 of the charge sheet were not the responsibility of the appellant, but that of the Line Superintendent or the S.D.O., because these were the 'average' readings. 4. As regards readings at S.Nos. 6, 8, 12 and 13, these do not relate to the appellant, but had been recorded by some-body else. There remains only…
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