Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------S.12---Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, Rr.2(4), 4 & 5---Pakistan Water and Power Development Employees Act (XXXI of 1958), Ss.8, 17, 18 & 20­--Dismissal from service---Civil servant who was appointed as Junior Engineer (B-17), earned his next promotion as Executive Engineer (B-18) and he was awarded Pride of Performance for his professional services rendered to the Authority---Civil servant was dismissed from service after conducting enquiries against him by order of Chief Executive Officer on certain allegations---Civil servant was dismissed from service after initiation of disciplinary proceedings against him under Pakistan Water and Power Development Authority Employees (Efficiency and Disciplinary) Rules, 1978 at the time when Government Servants Removal from Service (Special Powers) Ordinance, 2000 had already come into the field According to S.12 of the said Ordinance all proceedings initiated commencement of the Ordinance were to be governed by provisions of that law---Initiation of disciplinary proceedings against civil servant under Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978, was thus unlawful and void ab initio---Chief Executive Officer who ordered dismissal of civil servant, was not Competent Authority to make such order as he was only delegated financial and administrative powers of General Manager---Powers delegated to Chief Executive Officer at best were meant to enable him to perform day to day routine administrative and financial powers for ensuring smooth and efficient operations of the Company and he was not conferred powers to act as "Appointing Authority"---Chief Executive Officer, in circumstances, could not award major penalty of dismissal from service to an Officer who was recruited by Chairman who was Competent Authority---Civil servant was grossly discriminated against as other employees connected with management of Regional Store alongwith civil servant were all exonerated---Disciplinary proceedings initiated against civil servant which had…

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