Law:

Section:

Pakistan Water and Power Development Authority Act (XXXI of 1958)----S. 17(1-A)(a)---Service Tribunals Act (LXX of 1973), Ss.2-A & 4--- Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement from service---Non issuance 'of show cause notice---Principle of audi alterm partem---Applicability---Failure to file departmental appeal--¬Effect- employee, was compulsorily retired from service without issuance of any show cause notice and providing any opportunity of hearing by the authorities---Service Tribunal allowed the appeal and order of compulsory retirement was set aside---Plea raised by the Authority was that the employee had not filed any departmental appeal, therefore, his appeal before the Service Tribunal was not competent--¬Contention of the employee was that the reply of the Authority filed in High Court during pendency of his Constitutional petition on the same subject was the decision of the Authority---Validity---Employee bad an inalienable right of hearing and he could not be condemned unheard on the principle of natural justice audi alterm partem without assigning any reason for his retirement from service---Authority had taken action under S.17(1-A)(a) of Pakistan Water and Power Development Authority Act, 1958, whereunder no provision for filing appeal, review or representation had been provided and action of retirement was not initiated or taken under Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, therefore, filing of appeal was no bar against filing appeal before Service Tribunal ---Constitutional petition filed by employee before High Court could be treated to be a departmental appeal against the order of compulsory retirement---Objections/comments of Water and Power Development Authority filed in the Constitutional petition could legitimately be deemed to be an order of competent authority on the appeal of dismissal, therefore, there was no legal impediment in filing appeal before Service Tribunal on account of non-availing of departmental remedy---Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. Pakistan and others v.…

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