Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------R.12---Powers of Authority to revise orders passed by Appellate Authority---Authority under R.12 of Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 was empowered to revise orders as passed by Appellate Authority--- Such power, however, could not be exercised in an arbitrary and capricious manner--­ Revising order should be self-explanatory and should contain solid reasons and basis for major penalty of compulsory retirement---No such reasons or basis having been given in show-cause notice requirement of w, had not been met in the case. 1996 SCMR 248 and 1993 SCMR 1134 ref. Sh. Riaz-ul-Haq for Appellant. . Waqar Ahmed Seth for Respondents. Date of hearing: 1st April, 2002. JUDGMENT MUHAMMAD IQBAL KHAN, MEMBER.---The appellant Mr. Muneer Ullah Khan, Ex. 'Senior Engineer, WAPDA, Kohat City was aggrieved by an order dated 2-10-2000 whereby his earlier exoneration/reinstatement dated 13-11-1999 passed by the authority, was revised and modified into major penalty of compulsory retirement. On the charge of allegedly getting free electric connection in the name of his brother for his residence involving theft of power energy, causing financial losses to WAPDA and thus being guilty of misconduct. 2. The main thrust. of the arguments of the counsel for the appellant is on the following: (i) That the respondent No.2 Managing Director (Power), WAPDA House, Lahore after having applied his mind to the case, and having closely examined the relevant documents exonerated the appellant from the charges and set aside the order of removal dated 7-8-1999 imposed by the Chief Executive PESCO vide order, dated 13-11-1999. (ii) That after a hiatus of about 7 months the case was re-opened under section 12 of WAPDA Employees E&D Rules, 1978 by first serving him with a show-cause notice dated 16-5-2000 and thereafter, revising the earlier order of exoneration dated 13-11-1999 by converting it into a major penalty of compulsory retirement from WAPDA service. (iii) No formal inquiry was held to determine whether the direct electricity…

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