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Petitioner: WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE and 3 others VS Respondent: SHAN ELAHI
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Saad Saood Jan Title:WATER AND POWER DEVELOPMENT AUTHORITY, LAHORE and 3 others vs SHAN
ELAHI Case No.: Civil Petition No, 869-L of 1992 Appeal No, 217(L) of 1989 Date of Judgment:1993-12-21 Reported As: 1994 SCMR 1670 Result: Leave granted Judgment ORDER ' SAJJAD ALI SHAH, J.---Respondent Shan Elahi was working as Assistant Line Man, when he made an application for two years leave extraordinary without pay, which was not allowed by the competent authority. He remained absent and since notice could not be served on him, it was published in WAPDA Khabarnama dated 20-4-1989. Competent authority acting under Rule 8(b) of WAPDA Employees (Efficiency & Discipline) Rules, 1978 passed order of dismissal from service, being satisfied that it was not reasonably practicable to serve show-cause notice upon respondent as contemplated under Rule' 5 of the said Rules. After failing in departmental appeal, respondent had filed appeal before the Service Tribunal, which is accepted in part to the extent that order of dismissal is substituted by order of reduction to the lowest stage in time scale for a period of two years. 2. WAPDA as petitioners seek leave to appeal on the grounds that since appeal before the Tribunal was not pressed on merits, reduction in the penalty to the extent mentioned above, is not justified and in another case with similar facts, leave has been granted by this Court (C.P.S.LA. No, 801-L of 1990) on 25-11-1990, which appeal is pending. Secondly that Rule 5(a) of the said Rules is not attracted in the instant case for the reason that it applies to an inefficient worker or habitual malignerer. 3. We grant leave to examine the above contentions.