Law:

Section:

Per Ch. Hasan Nawaz. Member [Minority view]- (a) West Pakistan Water and Power Development Authority Act, (XXXI of 1958)-- ---S. 17(1-A)---Service Tribunals Act (LXX of 1973), S. 4---Removal from service---Employees of same establishment charged with misconduct of similar nature---Record showed that different treatment was given to officers of same category with similar irregularities, regardless of the fact that everyone of them caused losses to the Authority, which clearly spelt out a clear case of discrimination---No Law, Rules, Regulations or anything whatever, can be accepted as valid, which is not uniform in its application---Discrimination cuts at the very root of justice and annihilates it---Fads constituting ill-will, malice and arbitrariness, bring in their wake, distinction of everything fair, just and honest with the result that mala fides of the kind as shown in different treatment to different employees of the establishment would be sufficient to take away the legality of the impugned action and entitle an aggrieved person to relief---Orders of removal from service so passed against employees of establishment thus were arbitrary, mala fide and legally unsustainable---Orders of removal were therefore, set aside with direction that employees be reinstated in service from the date of removal with all consequential benefits, except payment of salary of the period from that date to the date of announcement of Service Tribunal's , which would be treated as of leave extraordinary, without pay. 1987 P L C (C.S.) 441 and 1987 S C M R 1348 ref. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)- ---S. 17(1-A)---West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, R. 4---Removal from service---Legality---Nature of allegations against employees was such as would have necessitated an inquiry under Efficiency and Discipline Rules in the interest of justice, where it would have been possible for employees either to exonerate themselves or at least to mitigate the rigour of the offence alleged to have been committed by them---Proceedings of Inquiry Committee were evidently a one ­sided…

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