Law:

Section:

(On appeal from the of the Federal Service Tribunal, dated 29-12-1992 passed in Appeal No. 43(1,) of 1991). Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R.5-A---Constitution of Pakistan (1973), Art. 212(3)---Penalty of dismissal converted to penalty of stoppage of two increments with direction to re-instate the employee---Validity---Appeal before Service Tribunal was barred by 106 days---Objection with regard to limitation had been taken in written statement filed before Service Tribunal--Question of limitation, however, received no attention by Service Tribunal--Waiver of question of limitation being not permitted, duty was cast upon the Court/Tribunal to determine question of limitation first--Leave to appeal was granted and petition for leave to appeal was converted into appeal--Judgment of Service Tribunal was set aside and case was remanded for 'determination of question of limitation and disposal on merits afresh after hearing the parties. Hakim Muhammad Buta and another v Habib Ahmed and others PLD 1985 SC 153 rel. Ch. Ghulam Hasan Gulshan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Ch. M. Aslam, Advocate-on-Record and Hafiz Tariq Naseem, Advocate Supreme Court for Respondent. Date of hearing: 3rd May, 1994. ORDER SAJJAD ALI SHAH, J.---By this petition leave is sought against judgment dated 29-12-1992 of Federal Service Tribunal, whereby service appeal filed by respondent against his dismissal is allowed to the extent of conversion of penalty to stoppage of two increments with direction to reinstate him in service. Perusal of the impugned judgment shows that respondent was charge-sheeted for remaining absent for 9 days and for that reason was dismissed. The service Tribunal has reduced the penalty to stoppage of two increments as contemplated under Rule 5(A) of the Pakistan WAPDA…

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