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1989 SCMR 16 28

EXECUTIVE ENGINEER, ELEC RICITY WAPDA and another vs MUHAMMAD

Citation1989 SCMR 16 28
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,172-R of 1988
Date1989-05-20
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been \ought by the WAPDA; against the reduction of punishment by the Federal Service Tribunal, on appeal filed by the respondent.

2. ' Learned counsel has contended that the learned Members of the Tribunal did not properly read the record and fell into error of misreading. While the Tribunal thought that there was only one case of misreading by the respondent of a Meter, in reality he was almost in the habit of doing so. The show-cause notice, dated 26-2-1984 has been relied upon in this behalf. Learned counsel has pointed out that the Tribunal noticed the recommendation of the S.D.O. For lenient punishment only in one case--show-cause notice dated 10-5-1984. And that it had failed to read another part of the record which contained a show-cause notice regarding about two Dozens misreadings. Lastly, he contended that the Tribunal failed to notice that one of the charges against the respondent was that he was guilty of misreading of a particular Meter with a difference of 43082 units. It has been lastly contended that if all this would have been properly read by the learned Tribunal the results would have been different.

3. ' We have accepted appeals by the WAPDA in similar cases with an order of remand in several matters reported as WAPDA v. Sh. Zulfiqar Ali' PLD 1988 SC 693. Accordingly leave to appeal is granted in this petition also.

4. ' The appeal shall be prepared on present record with direction to file all essential documents.

5. ' To be heard with similar other cases, if still pending.

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