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Petitioner: MUHAMMAD SHARIF AKHTAR VS Respondent: CHIEF ENGINEER/CHAIRMAN, AREA ELECTRICITY BOARD, WAPDA, LAHOREHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 503
[Service Tribunal Punjab]
Before Abdul Hameed Khan, Member
Sh. MUHAMMAD SHARIF AKHTAR
versus
CHIEF ENGINEER/CHAIRMAN, AREA ELECTRICITY BOARD, WAPDA, LAHORE and 2 others
Appeal No. 274/885 of 1988, decided on 24th December, 1990.
(a) Civil service---
----Dismissal from service---Civil servant was proceeded against departmentally on charge of misappropriation of a large amount of money and after completing necessary formalities he was dismissed from service-- Superintending Engineer under whose immediate supervision civil servant was working at the time of initiation of proceedings, was alone competent to act as, authorised officer and officer above him who was Chief Engineer was competent to act as authority under schedule to Delegation of Powers Rules 1982, but instead Chief Engineer and General Manager acted as Authorised Officer and Authority respectively---Proceedings conducted against civil servant were void ab initio due to illegality committed in appointment of Authorised Officer and Authority.
(b) Civil service---
---- Dismissal from service---Neither second show-cause notice was issued to civil servant nor copy of recommendations of Authorised Officer was supplied to him as required under the relevant Rules---Failure to issue second show -cause notice which was obligatory on Authorised Officer and to provide opportunity to show cause against proposed punishment and non-supply of copy of recommendation of Authorised Officer, had seriously prejudiced civil servant and constituted a grave violation of the Rules---Such serious deficiency in proceedings could not be brushed aside.
PLD 1981 SC 176;1987 SCMR 1562;1984 SCMR 451 ref.
M.A. Riaz for Appellant.
Sh. Najm-ul-Hassan and Ch. Marzoor Hussain, D.A. for Respondents.
Date of hearing: 3rd December, 1990.