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. Mian Mahmood Hussain for Appellant. M.M. Virk for Respondents. Date of hearing: 13th February, 1989. 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…

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