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Petitioner: NED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI and others VS Respondent: HAFEEZULLAH KHAWAJA
Court Name: Supreme Court of Pakistan Judge(s): Syed Sakhi Hussain Bokhari, Mian Hamid Farooq Title:NED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI and others vs
HAFEEZULLAH KHAWAJA Case No.: Civil Petition No,404-K of 2009 Date of Judgment:2009-06-11 Reported As: 2010 SCMR 799 Result: Leave granted Judgment ORDER ' MIAN HAMID FAROOQ, J--- Petitioners seek leave to appeal against judgment dated 17-4-2009, whereby the learned High Court of Sindh at Karachi allowed respondent's constitutional petition (C.P. No,D-1690 of 2007). 2. Having heard learned counsel for the petitioners, we grant leave to appeal to the petitioners, inter alia, to consider the following question:--- (A) Whether the learned High Court was justified in holding that provisions of section 11 of Removal from Service (Special Powers) Sindh Ordinance, 2000 has overriding effect over all laws though section 11 (ibid) states that provisions of the Ordinance shall have effect notwithstanding anything contrary to Sindh Civil Servants Act, 1973 and rules made thereunder and any other law for the time being in force. (B) Whether the learned High Court did not misapply the law laid down by this court in the judgments reported as "Azizullah Memon v. Province of Sindh 2007 SCMR 229, Federation of Pakistan through D.G. Military Lands and Cantonments, Rawalpindi and others v. Syed Ibrahim Shah and others 2007 PLC (C.S.) 1288, Tanvir Hussain v. Divisional Superintendent PLD 2006 SC 249 and HQ Frontier Corps and others v. Ghulam Hussain and others 2004 PLC (C.S.) 1187". (C) Whether the learned High Court did not err in law, while holding that initiation of disciplinary proceedings against the respondent on 19-6-2004 under the statutes of 1990, after the promulgation of Ordinance, 2000 and the final order stood vitiated. 3. Leave to appeal is accordingly granted.