Law:

Section:

(a) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------R. 4(1)(a)(ii)---Service Tribunals Act (LXX of 1973), S. 4---Penalty of withholding of increments till retirement---Validity---Under provisions of R. 4(1)(a)(ii) of Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, increments could be withheld for a specific period and competent Authority had committed an illegality by stopping increments of the employee till his retirement---Employee had still 18 years. to serve---Authority, in circumstances was not justified in withholding increments of employee till his retirement---Such punishment, if sustained, would always be an obstruction in the promotion of employee to the higher rank, even if he earned good report and gave performance---Such was against the spirit of law that promotion of an employee was stopped till his retirement; increments could be stopped for a specific period in terms of years and it could not be ordered by Competent Authority that employee should not get increments till his retirement---Order being vague, could not be sustained---Order passed against employee was set aside, but in view of gravity of charge levelled against him, he would not be entitled to annual increment for a period of three years. (b) Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--- ----R. 4(1)(a)(ii)---Penalty of withholding of increments till retirement---Penalty of withholding of increments till retirement was awarded on employee on allegations on negligence tantamounting to misconduct against him---Employee who had been allowed to remain in service, it had committed misconduct of serious nature, major penalty of removal from service or retirement from service could be imposed upon him, but once he was allowed to remain in service, the stigma of punishment should have been removed from his career after a certain period; it could not be expected of him to work to the best of his ability while carrying over that stigma till his retirement as it was against the principles of "good governance" also to allow that stigma to continue till his…

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