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1990 SCMR 266

WAPDA vs MUHAMMAD SABIR

Citation1990 SCMR 266
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 1164 of 1988
Date1989-05-21
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, J.--The respondent was serving the petitioner authority as an Assistant Lines- man. On the charge of unauthorised absence from duty departmental proceedings were taken against him and he was dismissed from service by the Executive Engineer. He served a grievance notice upon the Executive Engineer but when he failed to elicit any response to the notice, he filed a grievance petition before the local Labour Court. The grievance petition was returned to him on account of lack of jurisdiction. He then filed an appeal before the Federal Service Tribunal. The learned Tribunal found that the charge of unauthorised absence had been established but reduced the penalty of dismissal from service to stoppage of three increments without cumulative effect. The petitioner authority seeks leave to appeal from the order of the learned Tribunal.

2. In support of this petition, it is inter alia contended that a departmental appeal was available to the respondent from the order of the Executive Engineer. He did not avail this remedy. That being so, as provided by proviso (a) to section 4 (1), Service Tribunals Act the Tribunal was not competent to entertain his appeal. To consider this and the other questions, leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. The interim order made on 17-4-1989 should continue during the pendency of this appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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