ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Devel

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ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development Rr.50, 51, 52 & 57---Powers of the authority---Grounds of penalty---Procedure for disciplinary action---Scope---Within the scheme of the Workers' Welfare Fund (Employees Service) Rules, 1997, the adjudication of the question of misconduct is to be undertaken by the authorized officer, and where no authorized officer is appointed, by the authority which acts as the authorized officer under R. 50---It is at the stage of enforcing a penalty that the powers of the authorized officer have been circumscribed: he can impose a minor penalty but not a major penalty---If he imposes a minor penalty, the matter rests there---Likewise, if he forms an opinion that misconduct has not been proved, the matter rests there---Workers' Welfare Fund (Employees Service) Rules, 1997, vests no suo motu or review or revisional powers in the authority to step into the shoes of authorized officer during such period when the adjudication of the charge is underway or to override the opinion of the authorized officer in exercise of revisional powers in the event that the authorized officer concludes that the charge has not been proven---In order to find such suo motu or revisional power, one would need to read into the text of Workers' Welfare Fund (Employees Service) Rules, 1997 such language that does not exist---If the decision to drop disciplinary proceedings or exonerate an accused officer in exercise of authority vested in an authorized officer under the Workers' Welfare Fund (Employees Service) Rules, 1997, could be overridden by the authority, as it were not to be bound by opinion of the authorized officer, the Workers' Welfare Fund (Employees Service) Rules, 1997 could have easily said so.

ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development Rr — 2022 PLC(CS) 32 ISLAMABAD

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