' MOAZZAM HAYAT (MEMBER).--- Appellant Abdul Qayyum, L.S. Grade I in Pasrur Sub-Division under GEPCO was awarded penalty of compulsory retirement from service vide order, dated 31-1-2001. His departmental appeal was rejected on 4-10-2001. It is prayed by him that the orders dated 31-3- 2001 and 4-10-2001 be set aside and he be reinstated into service with back benefits.
2. The appeal is resisted by the respondents. It is stated that the impugned order was passed strictly in accordance with the rules.
3. We have heard the learned counsel for the parties. The record has also been perused by us.
4. A letter of explanation was issued to the appellant on 1-1-2001 under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978. In this letter the charge levelled against the appellant was that he has received illegal gratification from one Tahir-ul-Haq Dar for giving him electric connection for his tube-well.
5. As the Removal from Service (Special Powers) Ordinance, 2000 had come into force in May, 2000, therefore, the respondents could not proceed against the appellant under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978. The Ordinance has overriden all other disciplinary laws including the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978. In this regard reference is made to sections 11 and 12 of the Ordinance. In the circumstances we are constrained to hold that action taken against the appellant was not legal. The penalty imposed on the appellant under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 cannot be sustained. The respondents should have proceeded against the appellant under the Removal form Service (Special Powers) Ordinance, 2000.
6. For the above reasons we accept the appeal and set aside the impugned order. The appellant is reinstated into service subject to the condition that he shall refund the pensionary benefits, if he has received any in accordance with the rules. On reinstatement he shall be proceeded against the Removal from Service (Special Powers) Ordinance, 2000.
7. There shall be no order as to costs. The parties shall be informed.