Case Details

Citation(s)
2001 SLG 1812 2001 SLD 1812 2001 PLC 190
Federal Service Tribunal, Islamabad
Appeal No. 199-L of 1997, decision dated: 14-07-1997.
MUHAMMAD RAZA KHAN AND NASIM SABIR SYED, MEMBERS

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GHULAM QADIR

VS

CHAIRMAN, AREA ELECTRICITY BOARD, WAPDA, ISLAMABAD and 2 others

Law:

Section:

(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)------S. 18---Allegation of theft against employee---Removal from service--­Confession of guilt---Retraction---Effect---Civil servant working as Lineman who was subjected to disciplinary proceedings on account of theft of electricity, misuse of his position and causing loss to Authority, confessed his guilt in writing during enquiry proceedings, but such confession was retracted by him while replying of show-cause notice and claimed that he being illiterate his alleged confessional statement was got signed from him either in blank or without translating contents thereof---Civil servant also alleged undue influence and coercion in respect of his confession---Verbal allegations could not exclude documentary piece of evidence in the form of confession bearing the true signatures of civil servant---Neither any evidence nor any affidavit filed by civil servant hinted at the undue influence or pressure or coercion applied on him, to get his signatures on particular document of confession---Civil servant, thus, failed to prove that his confession was .result of undue influence or coercion. (b) West Pakistan Water and Power Development Authority Act (XXXIX of 1958)--- ----Ss. 18 & 29---Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---Civil servant who was­working as Grade-I lineman and was subjected to disciplinary proceedings and finally was removed from service on account of theft of electricity and misuse of his position and causing loss to Authority, had contended that Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules 1978 framed in exercise of power of the Authority under S. 18 of West Pakistan Water and Power Development Authority Act, 1958, were not 'statutory rules, thus, employee to whom charge-sheet was served for more than four months from knowledge of his alleged guilt, was to be regulated by West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, whereby charge-sheet was to be served within thirty days of alleged misconduct---Contention of employee was…
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