Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency & Discipline) Rules, 1978-------R. 6---Service Tribunals Act (LXX of 1973), Ss.2-A & 4---Constitution of Pakistan (1973), Art .212(3)---Disciplinary proceedings---Retirement of civil servant on attaining age of superannuation ---Plea raised by the civil servant was that the Service Tribunal could not permit the authorities to proceed against him afresh after he had retired on attaining the age of superannuation ---Validity---Leave to appeal was granted by Supreme Court to consider whether after the normal retirement of an employee on attaining the age of superannuation ---Authorities could be permitted to proceed afresh under disciplinary rules against him. State of Punjab v. Khemi Ram AIR 1970 SC 214 ref. Qazi Muhammad Anwar, Advocate Supreme Court and Fateh Muhammad Khan, Advocate-on-Record for Petitioner. M. A. Zaidi, Advocate-on-Record for Respondents. Date of hearing: 6th June, 2002. ORDER RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal against judgment dated 10-12-2001 passed by the Federal Service Tribunal (hereinafter referred to the Tribunal) partially accepting his service appeal against his compulsory retirement vide order dated 30-6-2000 converting it into normal retirement on attaining the age of superannuation, which was due on 20-9-2001. The Tribunal, however, ordered that intervening period between the date of compulsory retirement and the date of superannuation may be treated as leave of the kind due with further observation that there shall be no bar for the respondent-Authority to proceed against the petitioner afresh in any manner in accordance with law and the rules. 2. It is, inter alia, contended that after retirement of the petitioner on attaining the age of superannuation, respondents cannot initiate disciplinary proceedings against the petitioner under The Pakistan WAPDA Employees (Efficiency & Disciplinary) Rules, 1978. Petitioner is aggrieved by the judgment to the extent of the order whereby the Tribunal…

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