Law:

Section:

(On appeal from the dated 31-1-1988 of the Federal Service Tribunal, in Appeals Nos.142(R) and 143(R) of 1987). (a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R.12---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted, inter alia, to examine; whether in case the observations made by Service Tribunal were upheld in the context that the "Authority" committed a technical error in not repeating the material contained in the files in the orders themselves, would it not have been necessary or at least proper for the Service Tribunal to remand the case to the "Authority" for fresh decision and/or re­writing of proper . (b) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R.12---Constitution of Pakistan (1973), Art.212---Removal from service--­"Authority" in exercise of suo motu powers had reversed the order of Authorised Officer exonerating the employee, but no reasons were recorded by Authority for imposing the penalty of removal from service---"Authority" although was vested with power to revise or reverse an order passed by the subordinate Authority but no arbitrary powers were conferred on the Authority to revise or reverse order of subordinate Authority without mentioning reasons---Enough material had not been placed on record from which nature of the charge against employees and material in support thereof, could be discovered---Service Tribunal while hearing appeal had detected error in the order of the Authority to the effect that it (Authority) had recorded no reasons while setting aside/reversing the order of Authorised Officer; but Service Tribunal itself did not discuss the case as an appellate forum could and should have done for not upholding the decision of Authority---Service Tribunal had not perused the record for enough material had not been placed on the record---Service Tribunal should have remanded the case for writing a better and detailed order and/or for rehearing of the matter and fresh decision---Need for fresh decision and detailed order by the "Authority" had not been seriously disputed by…

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