Case Details

Citation(s)
1989 SLG 2207 1989 SLD 2207 1989 PLC 461
Federal Service Tribunal, Islamabad
Appeal No. 284(L) of 1983, decided on 29th March, 1989.
AND CH. HASAN NAWAZ AND ABDUL, JALIL MEMBERS

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Syed MAQSOOD HUSSAIN

VS

The EXECUTIVE ENGINEER, NANKANA SAHIB DIVISIONE WAPDA and another

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. Mian Mahmood Hussain for Appellant. Muhammad Zaman Oureshi for Respondents. Date of hearing: 29th March, 1989. 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…
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