Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ---S. 17(1-A)---Removal from service--Civil servant was removed from service after issuing show-cause notice, but without affording him opportunity of personal hearing---Allegation against the employee was that he alongwith others caused heavy loss to the Authority in absolute disregard of rules for financial discipline---Civil servant's share in guilt on basis of which he was removed from service, was not greater than others who were also found guilty, but either were, let off or were retired---Held, it would be against canon of justice if civil servant was imposed harsher punishment than others who comparatively were more responsible for the loss to Authority---Service Tribunal amended order of the Authority under which civil servant was removed from service to his compulsory retirement. JUDGMENT ROSHAN ALI MANGI (MEMBER). ---Having been aggrieved by the office Order dated 21-5-1995, whereby, after considering his defence reply to the show-cause notice issued on 8-12-1994, under section 17(1-A) bf the WAPDA Act, 1958 and granting him personal hearing on 26-4-1995, he was removed from the service with immediate effect, with thirty days pay in lieu of notice period, by the competent Authority, on the grounds that he with mala fide intention, and in absolute disregard of rules, for financial discipline caused a loss to the WAPDA Authority to the tune of Rs.3,70,719.58 by way of excess payment to the petrol dealer namely M/s. Al-Sakhi Petroleum Services, the appellant has preferred this appeal before the Tribunal. 2. The facts of the case as briefly stated in the memo of appeal are that the appellant joined WAPDA as Junior Clerk on 14-3-1963 and through the process of promotions reached to the post of Budget and Accounts Officer on 14-5-1980 and was posted at Guddu on 21-9-1988 and remained there up till 8-7-1994. 3. It was at Hyderabad while he was serving as Budget and Accounts Officer, Regional Stores, WAPDA, that he was removed from service under section 17(1-A) of the WAPDA Act, 1958, on 21-5-1995 by that time he had 32 years of service at his credit in the said organisation. 4. Prior…

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