Law:

Section:

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------R. 4(1)(b)---Civil Service Regulations, Art.471-A---Pakistan Water and Power Development Authority Employees Pension Rules, 1977, R.7(2)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Fresh initiation of disciplinary proceedings for imposing penalty on employee after his retirement from service on attaining age of superannuation ---Penalty of compulsory retirement from service earlier imposed on employee was set aside by Service Tribunal with the observations that authority would be at liberty to proceed against him in accordance with law---Authority after retirement of employee from service on attaining age of superannuation issued him charge-sheet stating that if allegations were established, then he would be liable to one or more major or minor penalties as mentioned in R.4 of Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---Validity---None of such penalties could be imposed through an administrative order with retrospective effect---Article 471-A of Civil Service Regulations and Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, provide that employee of WAPDA could not be proceeded against after retirement from service--­Supreme Court accepted appeal and set aside impugned to the extent of granting permission to authority to take fresh disciplinary proceedings against employee. (b) Civil service--- ----Initiation of disciplinary proceedings against civil servant after retirement from service---Validity---Disciplinary proceedings could not be taken against civil servant for imposition of major or minor penalty as contemplated in Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 after he had already retired from service on attaining age of superannuation. (c) Civil service----- ----Constitution of Pakistan (1973), Art.212(3)---Retired civil servant--Taking action against retired civil servant for withholding or otherwise of pensionary benefits or recovery therefrom,…

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