Law:

Section:

West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----Rr. 8(b) & 5---Constitution of Pakistan (1973), Art 212(3)---Order of dismissal from service---Service Tribunal converting order of dismissal into order of reduction to the lowest stage in time scale for a period of two years--­Validity---Points raised in petition were that appeal before Service Tribunal having not been pressed on merits, reduction in the penalty was not justified; in another case with similar facts leave had been granted by the Supreme Court which appeal was pending; and that provision of R. 5(a), West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, relied upon by Service Tribunal was not attracted to the facts of the case---Leave to appeal was granted to examine the points raised. Ch. Ghulam Hasan Gulshan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners. M. Aslam Chaudhry, Advocate-on-Record and Hafiz Tariq Naseem, Advocate Supreme Court for Respondent. Date of hearing: 21st December, 1993. ORDER SAJJAD ALI SHAH, J.---Respondent Shan Elahi was working as Assistant Line Man, when he made an application for two years leave extraordinary without pay, which was not allowed by the competent authority. He remained absent and since notice could not be served on him, it was published in…

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