Law: Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978

Section: 4(1)(a)(vi)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Pakistan Water and Power Development' Authority Employees (Efficiency and Discipline) Rules, 1978--- ----S. 4(1)(a)(vi)---Minor penalty---Acts of omission and commission--­Causing pecuniary loss to the department---Withholding of increment for two years---Appellant being Sub-Divisional Officer in Water and Power Development Authority provided electric connection to a consumer under Tariff 04-A instead of Tariff 07-A1---Allegation against the appellant was that the consumer was running poultry farm which was categorized as industry under Tariff 07-A1 but the appellant provided connection under Tariff 04-A as commercial connection---Such connection caused a loss of an amount of Rs.39250 to Water and Power Development Authority---Show cause notice was issued to the appellant and having being dissatisfied with the reply to the notice, increment for two years was withheld and amount of Rs.39250 was ordered to be recovered---Departmental appeal was partly accepted and penalty of withholding of increments was set aside---Appeal before Service Tribunal was dismissed and the decision of appellate authority was maintained---Validity--Action of appellant for sanction of electricity connection for commercial purpose was not within his power and he sanctioned the same with ulterior motives---Appellant in his reply to show cause notice had thrown the responsibility on the shoulders of Supervisor by stating that he did not bring the same to his knowledge and sanctioned the same in routine and casual manner---Such explanation given by the appellant was mala fide on his part and the same was not acceptable--Penalty imposed by the authorities was according to the rules and the same was within the domain of Competent Authority---Authorities having already shown leniency to the appellant, further leniency in the present case was not fair---Judgment passed by Service Tribunal was well reasoned, and was based on proper appreciation of material available on record and the same was not open to exception---No substantial question of law of public importance as envisaged under, Art.212(3) of the Constitution was involved---Supreme Court declined to interfere with the passed by Service…

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