Law:

Section:

(a) Civil service--- ---- Dismissal from service---Order of dismissal in first para of the order stated that competent authority found civil servant not guilty of the charge, while in second para it was said that he was dismissed from service---Order in question being self-contradictory was clearly a paradox and had been passed without application of mind---Order of dismissal of civil servant was thus, not in accordance with law and as such not sustainable. (b) Service Tribunals Act (LXX of 1973) ----S.4---West Pakistan Water and Power Development Authority Power Wing) Technical Subordinates (Line Staff) Service/Recruitment Rules, 1971--­Appeal---Dismissal of civil servant on the ground that he was not qualified to be appointed to the post which he had secured by posing himself as "Middle Pass" while he was in fact illiterate ---WAPDA Line Staff Service Rules, 1971 prescribe that qualification for recruitment as a Lineman should be "preferably matriculation"---Expression, preferably matriculation showed that matriculations were to be preferred at the time of recruitment to those who did not possess such qualification but the expression did not mean that a person should at least be a "Middle Pass" for eligibility---No minimum qualification having been laid down for recruitment as a Lineman, civil servant could not be dismissed from service on the ground that he was not "Middle Pass"--­Impugned order of dismissal being not warranted by law, civil servant was ordered to be reinstated in service with consequential benefits. Mian Mahmood Hussain for Appellant. Ch. Bashir Hussain Khalid for Respondents. Date of hearing: 8th July, 1992. JUDGMENT CH. HASAN NAWAZ (MEMBER): --While he was in the respondents' service as Assistant Lineman in Chawinda Sub-Division, proceedings under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 were initiated against the appellant, with service of letter of explanation dated 25-5-1989. The relevant portion of this letter is to the following effect: "Subject:- EXPLANATION You Mr. Muhammad Riaz while working as an ALM under Chawinda Sub-Division during the period 1985 to 1989 are alleged to have committed the following…

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