| Citation(s) |
|---|
| 1989 SLG 2211 1989 SLD 2211 1989 PLC 469 |
Federal Service Tribunal, Islamabad
Appeal No- 391(L) of 1983, heard on 19th January, 1989.
CH. HASAN NAWAZ AND KH. ABDUL, JALIL, MEMBERS
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Appeal No- 391(L) of 1983, heard on 19th January, 1989.
CH. HASAN NAWAZ AND KH. ABDUL, JALIL, MEMBERS
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ABDUL MAJID
VS
WAPDA, LAHORE through its Chairman and others.
Law:
Section:
(a) West Pakistan Water and Power Development authority Employees (Efficiency and Discipline) Rules, 1978-- ---R. 4--Scrvicc Tribunals Act (LXX of 1973), S. 4--Misconduct--Absence from duty for more than two and a half Years, without leave-Employee's pleadings it appeal evasive and clearly suggestive of fact that plea of Iris ailment without 1ipporting material, was a false excuse to avoid the result of his abscondence and to make out sonic justification for relief--Record showed that such employee deliberately absented himself from duty to avoid compliance with tile order of big transfer, in wanton disregard of office discipline, thus exposing himself to a severe disciplinary action--Penalty imposed was rather lenient in circumstance. (b) Fundamental Rules- --R. 29---Service Tribunals Act (LXX of f`)ii), S. 4--Misconduct--Penalty imposed upon employee not in compliance with provisions of R. 29--Effect-nipugned order which imposed penalty of two steps down in tile time scale, contains no mention of period for which such penalty was to remain effective nor it shows whether on restoration same had to operate to postpone future increments and if so, to what extent--Service Tribunal, in the interest of justice modified the impugned order to the extent that same would be effective for a period of five years from the date of its passage and would not operate to postpone, future increments. Mian Muhammad Bashir for Appellant. Mian Nisar Ahmed Saleem for Respondents. Date of haring: 19th January, 1989. JUDGMENT CH. HASAN NAWAZ (MEMBER).--On 20-1-1980, when he was serving with the respondents as Accounts Assistant in the Office of Sr. B&AO (P&I), Lahore, the appellant, on having been rendered surplus, was transferred to Hyderabad in tile Office of Chief Engineer, Electricity (Annex. R-3). He did not join at Hyderabad for his new assignment and, after the lapse of about two years and four months on 31-5-1982 reported in the Office of General Manager (Coordination) WAPDA, Lahore with an application in writing praying that necessary orders may be issued for his "rehabilitation" in Wapda (Annex. A). 2. Disciplinary proceedings were initiated against him and he was…
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