Law:

Section:

Service Tribunals Act (LXX of 1973)- ------S, 4(1)(b)--West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, Rr. 5 & 6--Removal from service--Employee pursuing his remedy before wrong forums viz. Labour Court and High Court--Appeal against removal filed before Service Tribunal without having filed departmental appeal--Such employee filed another appeal on same facts after filing departmental appeal--Competency--First Appeal before Service Tribunal was incompetent because of having been instituted without fulfilling jurisdictional requirements of S. 4(1)(b) of Service Tribunals Act--Grievance notice served on employers earlier when such employee had resorted to Labour Court does not fulfil the jurisdictional requirement--Second appeal also cannot succeed because facts of the case bring about no justification for condonation of delay of almost three and a half years--Both the appeals against order of dismissal from service were dismissed as incompetent under provisions of S. 4(1)(a) of Service Tribunals Act and as barred by limitation. 1987 S C M R 1936 ref. JUDGMENT CH. HASAN NAWAZ (MEMBER).--While working as Meter Inspector-I, in Wazirabad Sub-Division, the appellant was placed under suspension, by order dated 4-3-1979 (Annex. A), on account of certain allegations which were later conveyed to him by way of regular charge-sheet on 27-8-1979 (Annex. B), accompanied by a statement of allegations. 2. These were the allegations which constituted a basis for the disciplinary proceedings: (1) That while posted as Meter Inspector Grade-I, at Wazirabad Sub-Division, you received Rs.500 from consumer Mr. Barkat Ali of Flour Mill (Atta Chakki) A/c No. WH-52(i) situated at Lakarmandi, Wazirabad as illegal gratification and reversed his meter and fixed bogus seals. This was testified by the S.D.O. M&T vide his letter No. 307-10, dated 15-3-1979. The consumer named Barkat Ali also gave in writing to the S.D.O. (2) That you asked the M.Rs. of Wazirabad force-ably to pay you bribe of Rs.200 each per month for giving them shelter in stealing of energy. The M.Rs. have given in writing to this effect to the S.D.O. and have…

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