Law:

Section:

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978------R. 5-A---Constitution of Pakistan (1973), Art. 212(3)---Misconduct--­Stoppage of increment---Employee of Water and Power Development Authority---Absence from duty without leave for 6 months---Penalty of dismissal from service was converted into stoppage of one year's increment without cumulative effect by Service Tribunal ---Validity---Leave to appeal was granted to consider contention of Authority that employee having remained absent without leave for more than 6 months, his such conduct constituted misconduct, therefore, he had been rightly punished with dismissal from service which was lawful penalty for misconduct; and that R. 5-A, Pakistan Water and Power Development' Authority Employees (Efficiency and Discipline) Rules, 1978 relied upon by Service Tribunal was not attracted to the case. (b) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R. 5-A---Constitution of Pakistan (1973), Art. 212---Wilful absence from duty of WAPDA employee for continuous period of about 6 months.--Conversion of penalty of dismissal into stoppage of one year's increment without cumulative effect--- Validity ---Rule 5-A, Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules. 1978, was not attracted where there was wilful absence for continuous period of about 6 months; R. 5-A, was, in fact, applicable to malingerer who was late comer or was sometimes absent from duty for which penalty was stoppage of increment for one year only without cumulative effect---View taken by Service Tribunal that in case of employee, who was wilfully absent from duty for 6 months R. 5-A was attracted and penalty of stoppage of increment for one year only, could be imposed was not correct---Where employee had remained absent from duty for 6 months, penalty of dismissal from service by Department was appropriate punishment and such punishment could not be deemed to be harsh---Reasons given by Service Tribunal for converting penalty of dismissal from service for 6 months' wilful absence to stoppage of increment…

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