Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------Rr.4 & 5(iv)---Dismissal from service---Civil servant was dismissed from service after issuing show-cause notice, but without holding inquiry against him---Other co-civil servant against whom similar allegations were -levelled, were dealt with leniently as one of them was exonerated and other was imposed penalty of reduction in pay scale to the initial stage, of BPS-17 for five years which penalty later on was converted into minor penalty of withholding one next annual increment for a period of one year without future effect---Proper course for Authorities was to have held a regular inquiry so that whatever was stated by civil servant in his reply should have been taken into consideration and thereafter if he was found guilty of charge against him, then proper penalty should have been imposed upon him---Proper course in circumstances was to remand case for holding appropriate inquiry so that the true facts be unearthed---Order of dismissal from service was set aside and civil servant was reinstated in service and case, was remanded to hold fresh inquiry against him. 2000 SCMR 1221; 1993 SCMR 603; 2001 PLC (C.S.) 117 and Province of Punjab v. Muhammad Siddique Khan 2000 SCMR 1321 ref. Abdul Latif Ansari for Appellant. Abbas Haider Jafri for Respondent. Date of hearing: 24th February, 2003. JUDGMENT AKBAR M. MEMON (MEMBER).---The appellant hereinabove has challenged the office order dated 22-5-1999 whereby he was imposed penalty of dismissal from service under Pakistan WAPDA Employee (E&D) Rules 1978. The order in question is reproduced hereunder. OFFICER ORDER "After due consideration of above mentioned documents, I Brig. Abu Rashid, Chief Executive, Hesco, Hyderabad being competent authority in the case under Pakistan WAPDA Employees (Efficiency and Discipline) Rules 1978, have decided to impose the penalty of "Dismissal from service" upon Mr. Abdul Sattar Sohu, the then SDO (E) Jamshoro, now DSO (E) Memon Hospital Hyderabad, as the carges have been established against him. (Sd.) BRIG. (Abu Rashid), Chief Executive, H.E.S,C.O., Hyderabad." 2. Mr. Abdul…

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