Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--R. 4---Constitution of Pakistan (1973), Art.212(3)---Employee of WAPDA--- Disciplinary action---Fine as penalty and withholding of increment for one year---Service Tribunal dismissed employee's appeal for he had filed departmental appeal after more than 2-1/2 years of imposition of penalty---Only explanation given by employee while seeking condonation of delay was that documents to be filed by him with appeal were in his native village in flood area, therefore, he was late in filing the appeal---Such explanation was not accepted by Service Tribunal and his appeal was dismissed---Validity---Held, Service Tribunal was right in not accepting explanation given by employee; even if employee's village had remained under flood for some time it could not be believed that he could not go there for 2-1/2 years---Service Tribunal, therefore, was right in rejecting appeal of employee on ground of limitation---Leave to appeal was refused in circumstances. Petitioner in person. Date of hearing: 29th January, 1996. ORDER MUHAMMAD ILYAS, J.---The petitioner, Khalid Hussain, a Line Superintendent of the Water and Power Development 'Authority, faced disciplinary action with the result that he was directed to pay Rs.42,000 as penalty and his increment for one year was also withheld without cumulative effect. Order in this regard was passed on 21-10-1991. He filed departmental appeal on 17-3-1994 but without success. Then, after ninety days, he preferred an appeal before the Federal Service Tribunal on 24-7-1994. 2. The learned Service Tribunal found that the appeal was time-barred. Only explanation given by the…

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