MUMTAZ ABMAD Versus GENERAL MANAGER (DISTRIBUTION), WAPDA

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. On an earlier hearing notice was issued to the respondent ( WAPDA); for the examination of the question; whether Rule 5-A of the Pakistan WAPDA Employees ( E & D ) Rules, 1978 permitted only a warning as punishment to the petitioner even on acceptance of the alleged against him, with regard to the charge of absence from duty.

2. The learned counsel for the respondent having appeared has contended that if it was a case of mere absence, it might be correct that only a warning could be administered; but, as argued by him, it was the case of abscondence/desertion. He has also raised the objection that the a peal of the petitioner before the Federal Service Tribunal was time‑barred.

3. After hearing both the learned counsel, we consider. it a fit case for examination of the above‑noted questions as well as other questions raised in this petition.

4. Leave to appeal accordingly, is granted.

5. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents.

6. M.I./M‑582/S Leave granted.