Law:

Section:

(a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---- ----R. 5(iv)--- Service Tribunals Act (LXX of 1973), S. 4---Principles analogous to res judicata---Applicability---Disciplinary proceedings against civil servant on the basis of exactly similar allegations made in the earlier disciplinary proceedings, where he was punished by the Authority, but was exonerated on appeal by Service Tribunal---Civil servant could not be subjected to subsequent disciplinary proceedings for no person could be punished twice for the same offence and same were also barred on the principles analogous to those of res judicata---Earlier "of Service Tribunal was effective and final determination of the questions involved in subsequent appeals between the same parties giving rise to similar questions would operate as re judicata--­Judgment in previous appeal was virtually on merits of the case---Department was not competent to revive the whole matter again for fresh disciplinary proceedings---Orders of removal from service in subsequent proceedings were not warranted in circumstances. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Penalty of removal from service on charge of absence from duty--­Excuse mentioned by civil servant in his explanation was not sound---No charge of dishonesty being against civil servant and he having served the Department for more than twenty years, penalty of compulsory retirement would have been just and appropriate--Penalty of removal from service was substituted for that of compulsory retirement from service in circumstances. Yasin Bhatti for Appellant. Bashir Hussain Khalid for Respondents. Date of hearing: 23rd December, 1992. JUDGMENT CH. HASAN NAWAZ (MEMBER):----While he was in service as Draftsman LIM Project WAPDA, Hyderabad, proceedings under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 were initiated against the appellant with the service of following letter of explanation dated 30-7-1989: "Subject:- Explanation letter under Rule 5 (iv) of Pakistan WAPDA Employees (E&D) Rules, 1978 It has been reported by the Director, Watercourse Monitoring and Evaluation…

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