Law:

Section:

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--S. 2(5)---Constitution of Pakistan (1973), Art. 212(3)---Employee of WAPDA---Dismissal from service on account of absence from duty---Service Tribunal dismissed employee's appeal---Validity---Leave to appeal was granted to consider whether refusal by Departmental Authority to decide petitioner's Departmental Appeal did not make it incumbent upon Service Tribunal to examine controversy both as to question of condonation of delay and merits. (b) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R. 2---Constitution of Pakistan (1973), Arts. 212 & 187---Appeal to Supreme Court--Power of Supreme Court to order disposal of pending departmental appeal---Supreme Court, in appeal under Art. 212 of the Constitution and Art. 187 thereof, would have option and discretionary power to require that pending departmental remedy be disposed of by departmental functionaries--­Employee's departmental remedy having remained unattended, unresponded or undisposed of for which he himself had been contributory by remaining inactive and causing years of delay, whereupon prospects of redress had been rendered remote---Appeal of employee was dismissed in circumstances. Province of Punjab v. Dr. Shahida Shah 1995 SCMR 948; Sh, Nazir Ahmad v. The Punjab Service Tribunal, Lahore Civil Appeal No. 30 of 1995; Government of Pakistan v. Bashir Ahmad Khan, PLD 1985 SC 309; S.H.M. Rizvi v. Maqsood Ahmad PLD 1981 SC 612; Maqsood Abbas Naqvi v. Province of Punjab 1991 PLC (C.S.) 141 and Zafar Iqbal v. WAPDA 1995 SCMR 16 ref. JUDGMENT WAJIHUDDIN AHMED, J.--The appellant was a Line Superintendent of WAPDA. He, seemingly, remained absent from duty as from 18-5-1981. He claims to have been sick and maintains that he was dismissed from service without according any hearing in his absence on 14-2-1982. He says that he reported for duty on 1-3-1982 but was not allowed to resume, coming to know two or three days thereafter that he had been dismissed from service. It is next claimed that he again fell ill on 6-3-1982 and remained so till 23-12-1984 on…

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