Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (31xju of 1958)--- ----S. 17(1-A)---Constitution of Pakistan (1973), Art. 212(3)--Order of removal from service converted into retirement from service by Service Tribunal---Validity---Leave to appeal was granted to examine whether Service Tribunal after having maintained that illegal gratification was received by employee was justified to convert order of his removal from service to retirement because employee had returned amount in question to the complainant. (b) Service Tribunals Act (LXX of 1973)- ----S. 4---West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17(1-A), Constitution of Pakistan (1973), Art. 212-Appellate jurisdiction of Service Tribunal--Extent---Service Tribunal in exercise of its appellate jurisdiction is empowered to alter, modify or even substitute order under appeal with any other order, if that was considered more appropriate in circumstances. WAPDA v. Abdul Sattar and others 1990 SCMR 934; Aijaz Nabi Abbasi v. WAPDA and another 1992 SCMR 774; WAPDA v. Shah Imroz 1986 SCMR 840; WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18 and WAPDA v. Zahoor Ahmed 1994 SCMR 960 ref. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----S. 17(1-A)---Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, R. 4---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Art. 212-- Employee of WAPDA----Misconduct ---Action taken against such employee without holding regular proceedings ---Effect--Where employee of WAPDA was charged for misconduct and action was taken under S. 17(1-A) of the West Pakistan Water and Power Development Authority Act, 1958 against him without holding regular proceedings under disciplinary rules by not providing him opportunity to show falsehood of allegations, Service Tribunal having exclusive jurisdiction to deal with matters relating to terms and conditions of service, was competent to grant relief to aggrieved person in appropriate cases by passing order with conscious application of mind and based on valid reasons--- Service Tribunal could…

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