Law:

Section:

(a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---Rr. 4 & 5--Service Tribunals Act (LXX of 1973). S. 4(1)--Dismissal from service for misconduct-Appeal before Service Tribunal--Prerequisites, non-fulfilment--Effect--Preference of departmental appeal is a prerequisite for competency of appeal before Service Tribunal, which has jurisdiction to entertain and decide such appeal only, if jurisdictional requirement has been fulfilled-­WAPDA Efficiency and Discipline Rules, 1978, do provide for a departmental appeal against the order of dismissal--Failure to file departmental appeal within prescribed period of sixty days would bar an appeal before Service Tribunal. Muhammad Latif Bhatti v. Chairman, A.E.B., WAPDA, Gujranwala 1986 P L C (C.S.) 111 and 1987 S C M R 1930 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)- ---S. 17(1-B)--Service Tribunals Act (LXX of 1973), S. 4--Limitation Act (1X of 19(18), S. 5--Appeal against dismissal filed beyond limitation--Condonation of delay--Justification for--WAPDA employees declared to be civil servants under provisions of S.17(1-b) of Act XXXI of 1958--Appellant could have resort to Service Tribunal for redress of his grievance--Appellant had no justification for pursuing grievance petition before Labour Court--Appellant was bound to explain each day's delay--Appellant's failure to explain delay would not entitle him to favourable exercise of jurisdiction with regard to condonation of delay, which was thus declined. (c) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---Rr. 4 & 15--Charge-sheet, serving of--Record showed that appellant was examined by the Enquiry Officer and had deliberately avoided to face the issue involved in such enquiry--Appellant had also admitted in her statement that she had received charge-sheet on specific date and that she had submitted her explanation--In presence of such statement, pica of ignorance of nature of charge could not be conceived--Appellant would be deemed to have been properly served with the proper charge-sheet. JUDGMENT CH. HASAN…

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