Law:

Section:

(a) Constitution of Pakistan (1973) Art.212(3)Dismissal from serviceValidityLeave to appeal was granted by the Supreme Court to consider as to whether, under the circumstances, without conducting regular enquiry, civil servants could be dismissed from service and whether fact finding enquiry could be a substitute of regular enquiry at all and be used against the civil servant, while imposing major penalty of dismissal from service. (b) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 R.5MisconductDismissal from serviceOpportunity to employee to defendNecessityIncumbent upon WAPDA to have conducted regular enquiry against employees after adopting procedure laid down in R.5 of Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978When an employee had to be removed on the basis of misconduct allegedly committed by him he deserved fair opportunity to defend himself, for if on ground of misconduct he was dismissed from service then for all the times to come he would carry stigma of misconduct with himDepartment, however, was always at liberty to initiate fresh disciplinary action against employees to establish as to whether they were guilty of misconduct. Aleem Jaffar v. WAPDA 1998 SCMR 1445 fol. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J. By this judgment we intend to dispose of Civil Appeals Nos. 1538, 1539 of 2000 and No.252 of 2001 as question oflaw involved in these matters is common. 2. For sake of convenience relevant para. from the leave granting order dated 20th October, 2001 is reproduced hereinbelow: "4. Leave to appeal is granted in these matters to consider that: (i) Whether under the circumstances, without conducting regular enquiry, the -Petitioners could be dismissed from service and p' whether fact finding enquiry could be a substitute of regular enquiry at all and be used against the -Petitioners, while imposing major penalty of dismissal from service." 3. Learned counsel for the appellants contended that WAPDA has alleged serious allegations pertaining to misconduct against the appellants, therefore, in view of the judgment of this Court reported as Aleem Jaffar…

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