Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)-------S.17(1-A)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Reinstatement in service without back­ benefits---Retirement from service during pendency of appeal before Departmental Authorities---Employee on the charge of misconduct was awarded punishment of withholding of promotion for next three years___ During pendency of appeal before Departmental Authorities, the employ was retired from service under S.17(1-A) of West Pakistan Water and Power Development Authority Act, 1958---Employee being unsuccessful before Departmental Authorities, and upon his such retirement, filed appeal before Service Tribunal---Appeal was allowed by Service Tribunal and he was reinstated in service without back-benefits---Contention of the employee was that the retirement was not legal and he was wrongly deprived of his legitimate right of earning of livelihood, therefore, he was entitled to back­ benefits---Validity---Service Tribunal having considered the question relating to grant of back-benefits in detail had found the employee not entitled to such relief---Supreme Court declined to take any exception to the discretion exercised by the Service Tribunal---No question of public importance was involved in the petition for interference of Supreme Court---Leave to appeal was refused. Syed Ali Hussain Gilani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. Muhammad Nawaz Bhatti, D.A.-G. for Respondents. Date of hearing: 18th November, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.-----The petitioner an employee of Water and Power .Development Authority (WAPDA) was proceeded against under WAPDA (Efficiency and Discipline) Rules, 1978 for the charge of misconduct and was awarded the punishment of withholding next promotion for a period of three years. The petitioner after availing the departmental remedies, filed an appeal before the Service Tribunal and pending disposal of the appeal, he was retired from service under section 17(1-A)(a) of Pakistan WAPDA Act, 1958, which is read as under:- "(1-A) Notwithstanding anything contained in subsection…

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