Law:

Section:

(a) Civil service-------Misconduct---Provincial employee, on transfer to WAPDA, his post in the Provincial Government or his lien on that post, whatsoever, stood abolished at least from the date he was permanently absorbed in WAPDA---Departmental Authorities were, therefore, competent to take disciplinary action against such employee for his misconduct. (b) Civil service----- ----Dismissal from service ---WAPDA employee secured employment abroad while availing ex-Pakistan leave, in clear violation of his commitment to the effect that he would not seek employment anywhere else during the period he availed leave---Employee had not sought permission from WAPDA, before obtaining employment abroad and failed to join duty on expiry of the ex-Pakistan leave---Dismissal from service of such employee was justified -in circumstances. A.R. Shaikh, Senior Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 28th May, 1994. ORDER MANZOOR HUSSAIN SIAL, J---Aman Ullah Khan petitioner herein, through this petition under Article 188 of the Constitution of the Islamic Republic of Pakistan, 1973, read with Order XXVI of the Supreme Court Rules, 1980, seeks review of the judgment dated 4-4-1993, of this Court, whereby C. P. 447-L/ 1992, filed by him was dismissed. ' 2. The petitioner joined service as Assistant Engineer, P.W.D. (Electricity Branch) Government of Punjab on 5-8-1955. On the establishment of WAPDA in 1958, the petitioner as well as other officers of the P.W.D., were transferred en bloc to WAPDA on the same terms and conditions of service. He was promoted in 1962, as Executive Engineer and 1973-74, as Superintending Engineer. He was posted as Director of Designs, WAPDA (Power), Lahore. 3. On 9-5-1978, the petitioner was granted ex-Pakistan leave for a period of two months and 14 days for performing Umra and visiting members of his family in England. Leave was granted on the express undertaking that he would not seek employment' anywhere else. The petitioner did not abide by his commitment and obtained employment without permission of WAPDA in Saudi Arabia. He was proceeded departmentally for his…

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