Case Details

Citation(s)
1995 SLG 1502 1995 SLD 1502 1995 PLC 871
Supreme Court of Pakistan
Civil Petition No. 676-L of 1993, decided on 28th May, 1994.
MUHAMMAD RAFIQ TARAR, AND SAIDUZZAMAN SIDDIQUI, JJ

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Ch. AFTAB AHMED

VS

GENERAL MANAGER, WAPDA and another

Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R. 12--Constitution of Pakistan, (1973), Art. 212(3)---Misconduct---Civil servant was initially awarded major penalty of reducing him to lower stage in his time sere for period of two years---During pendency of civil servant's Departmental appeal, notice was issued to him proposing to reconsider punishment imposed upon him in terms of R. 12, Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules 1978---Penalty of dismissal from service was thereafter, imposed upon civil servant --­Validity---heave to appeal was granted to consider whether Service Tribunal had failed to consider that order in question passed by Authority was not sustainable for it did not disclose any reasons for enhancement of punishment. Muhammad Riaz Butt 1993 SCMR 1134 rel. Muhammad Zaman Qureshi, Advocate Supreme Court for Petitioner. Tanvir Ahmed, Advocate-on-Record and Ghulam Hassan Gulshan,, Advocate Supreme Court for Respondents. Date of hearing: 28th May, 1994. JUDGMENT SAIDUZZAMAN SIDDIQUI, J. --The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 31-1-1993. 2. The relevant facts of the case are that the petitioner was proceeded departmentally for committing misconduct and after completion of all the formalities, major penalty of reducing him to the lowest stage in his time-scale for a period of two years was imposed by the General Manager (Planning) WAPDA on 27-2-1984. The petitioner addressed a departmental appeal and during pendency of the appeal a notice was issued to the petitioner under Rule 12 of Pakistan WAPDA Employees (Efficiency and Disciplinary) Rules, 1978, proposing to reconsider the punishment imposed on the petitioner. A show cause notice was, accordingly, issued to the petitioner and the authority after hearing the petitioner by order dated 27-G-1984 dismissed him from…
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