Law: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978

Section: R-11,11(4)(d),15

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978----Rr. 11 & 1.5---Constitution of Pakistan (1973), Art. 212(3)---Employee of WAPDA---Misconduct---Major penalty of reduction to lower stage by 4 steps in his time scale for period of one and half years without cumulative effect was imposed upon employee---Departmental Authority remanded case for further ''`: inquiry---Appeal before Service Tribunal was dismissed as having been rendered infructuous because of order of remand of Departmental Authority ---Validity--­Leave to appeal was granted to consider whether order passed by Departmental Authority remanding case without specifying reasons therefor, was an order appropriately made within scope of powers under Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978. (b) Interpretation of statutes--- ---- Mode of interpretation---Courts have to interpret law as they find it ---Casus omissus ought not to be created by interpretation alone, save in a case of strong or unavoidable necessity---Legislation in that context must be closely examined and its intendment to be explored before arriving at conclusion that matter had given rise to casus omissus. (c) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R. 11(4)(d)---Ejusdem generis, rules of --- Non-applicability --- Effect --- Where ejusdem generis rule did not, in conventional manner, apply, residuary general power as in R.11(4)(d), Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 to "pass such orders as it deems proper", vesting in Appellate Authority, would imply jurisdiction to remand. ---[Ejusdem generis]. (d) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----Rr. 11 & 15---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan (1973), Art. 212---Reasons for an order made under any enactment whereby any direction was issued by Authority, office or person, must be given---Departmental appeals were covered by S. 24-A, General Clauses Act, 1897 in…

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