Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)--S. 17(1-A)---Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, Rr.4 & 5---Constitution of Pakistan (1973), Art. 212(3)---Employees of WAPDA---Removal from service after service of notices charging them with embezzlement/misappropriation of public money--­Service Tribunal remanded case for re-consideration, inter alia, on ground that when employee was proceeded against in respect of inefficiency, indiscipline and misconduct, he could only be proceeded against under Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978 and that action under S. 17(1-A), West Pakistan Water and Power Development Authority Act, 1958, could not be taken against employee---Validity---Leave to appeal having been granted by Supreme Court in other cases to examine scope and true import of provision of S. 17(1-A), West Pakistan Water and Power Development Authority Act, 1958, leave to appeal was also granted in present petitions which would be heard alongwith connected appeals. Aijaz Nabi Abbasi v. Water and Power Development Authority 1992 SCMR 774; WAPDA v. Muhammad Arshad Qureshi 1986 SCMR 18 and WAPDA v. Fida Muhammad Khan 1996 SCMR 639 ref. S.M. Masud, Advocate Supreme Court instructed by Mahmudul Islam, Advocate-on-Record for Petitioners. Ch. Muhammad Aslam, Advocate-on-Record and Muhammad Asghar Malik, Advocate Supreme Court for Respondent (in C.P. No.372-L of 1997). Date of hearing: 7th April, 1997. ORDER IRSHAD HASAN KHAN, J.---This order will dispose of aforementioned petitions for leave to appeal in which identical questions of law require consideration. 2. The respondents were removed from service of WAPDA after they were served with notices charging them with embezzlement/mis-appropriation of public money amounting to Rs.5,31,169 and deliberate concealment of cash vouchers worth Rs.26,24,865 to avoid further detection of fraud/misappropriation. Feeling aggrieved with their removal from service vide order dated 5-5-1996, the respondents filed separate departmental appeals and after expiry of 90 days thereof preferred appeals before…

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