Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---------R.12---Constitution of Pakistan (1973), Art. 212(3)---Removal from service---Re-instatement---Civil servant was promoted from post of Sub­ Divisional Officer to the post of Chief Engineer but subsequently he was demoted---Appeal filed by civil servant against his demotion was allowed by the Service Tribunal---During pendency of appeal an explanation was called from the civil servant which was replied by him and after hearing him, he was exonerated of the charges stated in the letter of the Authority---Authorities subsequently re-opened the case and imposer major penalty of removal from service on, the civil servant in exercise of power under R.12 of ,Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---Record revealed and counsel for Authorities had also conceded that civil servant was not given any hearing nor any ground was communicated to him in the, show­ cause notice for taking action against him for his removal from service after his earlier exoneration---Petition for leave to appeal filed by Authorities against order of Service Tribunal whereby appeal filed by civil servant was allowed, was dismissed and leave to appeal was declined as no substantial question of law of public importance was involved therein. Muhammad Younus v. Secretary, Ministry of Communication and others 1993 SCMR 122 and Chief Director, Central Directorate of National Savings, Islamabad and another v. Rahat Ali Sherwani 1996 SCMR 248 ref. C.M. Ishaq, Advocate Supreme Court and Mahmood Qureshi, Advocate-on-Record (absent) for Petitioners. Sh. Riazul Haq, Advocate Supreme Court arid M.A. Zaidi, Advocate-or-Record for Respondent. Date of hearing: 27th May, 2003. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 27-1-2003 in Appeal No.366 (R)(CS)/2001 passed by learned Federal Service Tribunal, Islamabad whereby the appeal filed by respondent was allowed. 2. Brief facts of the case are that the respondent was appointed as Sub-Divisional Officer in WAPDA on 18-10-1968 and…

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