Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4--West Pakistan Water and Power Development Employees (Efficiency and Discipline) Rules, 1978, R. 11--Amendment of appeal--Removal from service-­Appeal filed before Service Tribunal during pendency of departmental appeal-­Departmental Authority set aside order of removal of employee and treated him to be a fresh recruit on rejoining duty--Employee joined service in consequence of order passed in departmental appeal--After four years, employees made application to amend appeal pending before Tribunal that condition of being treated as a fresh recruit m departmental authority's order was illegal and made prayer to set aside the same--Held, original order of removal having merged in Appellate Authority's order, employee should have assailed its validity within time in another appeal--Departmental Appellate Authority's order became final after having been acted upon--No ground thus existed for allowing amendment after such inordinate delay--Application for amendment dismissed-Appeal having become infructuous was also dismissed in circumstances. JUDGMENT CH. HASAN NAWAZ (MEMBER).--While he was posted as Assistant Lineman in WAPDA Sub-Division Office, Bucheke in the District of Sheikhupura, on 29-4-1979, the appellant was served with a charge-sheet where it was alleged that he demanded a sum of Rs.8W as illegal gratification for himself, Zulfiqar Ali, Line Superintendent and Siraj Din, Lineman, from M/s. Abdus Sattar Khan and Muhammad Khan share-holders of tubewell No. 317/ZW, situate in the area of Chak No. 569/GB, District Sheikhupura, for repairing its transformer and that he received a sum of Rs.60 as bribe in advance on the same day from them, in the presence of M/s. Abdus Sattar and Ameer Khan, in consideration for repairing of the transformer (Annex. L). 2. In his report dated 22-9-1982, it was found by Sh. Anwar Latif, Inquiry Officer, on the basis of evidence recorded by him that the appellant had accepted a sum of Rs.50 as illegal gratification from the aforementioned Muhammad Khan, share-holder of the tubewell and that first part of the charge regarding the demand of Rs.800 from Abdus Sattar and Muhammad Khan…

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