Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--Rr. 4 & 6Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, R. 4Removal from serviceCivil servant working as Regional Store Manager was removed from service on charge of misappropriation and misconduct after issuing him chargesheet, but without holding any enquiry against himChargesheet issued to civil servant alongwith statement of allegations was vague and of general natureCivil servant submitted his reply to chargesheet in which he refuted charges against himAfter submitting reply of chargesheet no regular enquiry was held against civil servant and Enquiry Officer instead of holding enquiry, based his report mainly on fact finding enquiry previously conducted by another officer in absence of civil servantEnquiry procedure adopted by Authority being not in accordance with procedure as laid down by law and civil servant having not been given adequate opportunity to defend himself, order removing civil servant was set aside and case was remanded to Authority to decide afresh after initiating fresh proceedings against civil servant in accordance with law within specified period. 1993 SCMR 1440 ref. Mian Mahmood Hussain for Petitioner. Fida Hussain for Respondents. Date of hearing: 26th February, 1995. JUDGMENT AFTAB AHMAD (MEMBER). Khalid Pervaiz Butt, the appellant joined Water and Power Development Authority (WAPDA) in January, 1975 as Junior Engineer. In August, 1981 he was promoted as Senior Engineer and in the same capacity was posted as Regional Store Manager, Area Electricity Board, Quetta, in May, 1984. On 2311990, a chargesheet was served on him for misappropriation in stores. The chargesheet reads as under: "CHARGESHEET You, Mr. Khalid Pervaiz Butt, the then Stores Manager, Regional Stores (AEB), Quetta (now absconding), are hereby chargesheeted as under on the basis of report of Enquiry Committee constituted by the Authority to probe into misappropriation in Regional Stores, Quetta: (1) During the period of posting as Stores Manager, Regional Stores, Quetta from January, 1985 to May, 1989, following deficiencies/surpluses were observed…

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