Law:

Section:

Civil service------- Removal from service---Civil servant while working as Senior Clerk was served with a letter of explanation in connection with installation of a three- phase electric meter on basis of a forged reconnection form and civil servant replied to that letter of explanation---Authority after receiving reply of civil servant removed civil servant from service without issuing him show-cause notice, and without holding any enquiry against him---Such major penalty of removal from service was also not imposed by Appointing/Promoting Authority, but was imposed by subordinate Authority---Order removing civil servant from service could not sustain because it was not only passed by incompetent Authority, but incurable defect had occurred as civil servant neither was associated in inquiry proceedings nor was given final show-cause notice. Abdul Wahid for Appellant Ch. Muhammad Latif for WAPDA alongwith Sabz Ali, Assistant and Gulzada, Senior Clerk, Chief Engineer Office, Peshawar, D.Rs. Date of hearing: 10th October, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant has been in service for WAPDA for almost 14 years. He joined as Junior Clerk and later on promoted as Senior Clerk. He was holding this appointment at various stations. On 21-12-1994 a letter of explanation was served on the appellant in connection with the installation of a three phase meter at a service station on the basis of a forged reconnection form. The appellant replied to the said notice on 31-12-1994. No further steps was allegedly taken against him and vide an order dated 4-4-1995 the respondent No. 3 imposed a major penalty of removal from service. After seeking departmental remedy, which was finally rejected on 18-6-1996 and communicated to him vide a letter dated 13-7-1996, the appellant has filed the present appeal under section 4 of the Service Tribunals Act, 1993. 2. The respondent department contested the case. Objections were filed, supported by the relevant documents. We have listened to the argument on behalf of the parties. The main objection of the appellant was that the allegations contained in the original letter of explanation pertain to a question of fact,…

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