Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------R 5(iv)---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal against---Appellant was served with a letter calling for explanation holding him responsible for various acts of omission and commission--- Said letter was based on report of inquiry wherein several instances of irregularities with regard to maintenance of account of store material and stock account were mentioned---Appellant replied to the charge sheet and gave in detail his point of view, but the Authority did not accept reply of appellant without assigning any reason---If the Authority had not agreed with point of view of appellant, Authority should have given some plausible reasons for not agreeing with appellant's explanation, but that had not been done---Denial by appellant of allegations made against him had made the facts disputed and disputed facts could only have been resolved by holding a regular inquiry wherein appellant was to be given full opportunity to explain his position---Inquiry officer/Committee was to determine what was the truth and what were actual facts, but appellant's point of view was dismissed summarily---Appellant was not fully associated with the preliminary inquiry and his statement was simply recorded and statements of witnesses against him were recorded in his absence---Appellant was dismissed from service on the very day the personal hearing was given to him and it appeared that personal hearing was given to appellant just to complete a formality and was not meaningful---Action against appellant, in circumstances was taken without holding regular hearing or giving a meaningful personal hearing---No irregularity was noticed in maintenance of stock for the period when appellant was incharge of store and stock taking of store was conducted---Nature of charges levelled against appellant were of such type that prima facie negligence of other officials like Senior Store Keeper, Accounts Officers and Junior Store Keepers, could not be ruled out, but they all were treated very leniently or were allowed to go unpunished , which had shown…

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