Case Details

Citation(s)
1990 SLG 1088 1990 SLD 1088 1990 SCMR 1429
Supreme Court of Pakistan
Civil Petition No. 283 of 1986, decision dated: 1st August, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents.

ABDUL RASHID

VS

WATER AND POWER DEVELOPMENT AUTHORITY

Law:

Section:

West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------R. 5(iv)---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Leave to appeal---Competent Authority is empowered to decide whether a formal inquiry in case should or should not be held in case, charges in case entirely based upon official record having fully been substantiated against petitioner---Held, it could not be said that in deciding not to hold formal inquiry against petitioner, competent Authority had acted arbitrarily---No error of law in view taken by Service Tribunal having been found, leave to appeal was refused. ORDER SAAD SAOOD JAN. J.---The petitioner was a Meter-reader in the Shahdara Sub-Division of the Water and Power Development Authority. There were allegations against him that he had failed to furnish basic data, had accumulated reading units and supplied wrong reading. On 23-1-1982 the competent authority (Executive Engineer) served him with a show cause notice why a major penalty be not imposed upon him. The petitioner submitted his reply. He was given an opportunity to appear in person before the competent authority but it is not clear from the record whether he availed it or not. However, that may be, the competent authority did not find his explanation satisfactory and by an order…
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