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1997 PLC (C.S.) 492

MUHAMMAD RAFIQUE vs WATER AND POWER DEVELOPMENT AUTHORITY

Citation1997 PLC (C.S.) 492
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 762-L of 1996 Appeal No. 230(L) of 1995
Date1996-06-09
Judge(s)Irshad Hasan Khan, Saad Saood Jan
ResultLeave refused

ORDER

SAAD SAOOD JAN, J.---The petitioner was serving in the respondent-Authority as Budget and Accounts Officer in Hyderabad. There were allegations that a large sum had been paid .To a gas- filling station at Suddu fraudulently. An enquiry was held by the Finance Member. He found a number of persons including the petitioner responsible for the over--payments. Consequently, all those on whom the responsibility fell were served with notices under section 17(1-A) Water and Power Development Authority Act. After receipt of the replies varying punishments were imposed on them. The petitioner who had been an employee of the Authority for a long the was removed from service. After his - departmental representation received no favourable response he filed an appeal before the Federal Service Tribunal. The learned Tribunal rejected his appeal on merits but reduced the penalty to that of compulsory retirement. He now seeks leave to appeal from this Court.

2. In support of this petition to contentions have been raised. To begin with, it was argued that it was a case where a regular inquiry should have been held and the penalty ought not to have been imposed upon the petitioner only after the receipt of his reply to the show-cause notice. The second contention is that section 17(A), ibid, allows the officer concerned fourteen days to prepare his reply to the show-cause notice but the petitioner was given only ten days in this regard.

3. Both contentions are without any merit. The action has been taken against the petitioner under section 17(1-A), Water and Power Development Authority Act. The section as it is worded does not require that a regular inquiry should be held before the orders of retirement pr removal from service are made by the competent Authority. Thus, the contention of the petitioner that a full- fledged inquiry ought to have been held in his case is not acceptable. As regards the duration of the notice, it may be mentioned that the petitioner had at no stage complained that on account of the short the given to him for preparing his reply he was prejudiced in his defence. We are, therefore, not prepared to grant him leave to appeal to consider this contention alone.

4. The petition is dismissed.

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