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Petitioner: MUHAMMAD NAWAZ VS Respondent: DISTRICT AND SESSIONS JUDGE and others
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Munir A. Sheikh Title: MUHAMMAD NAWAZ vs DISTRICT AND SESSIONS JUDGE and others Case No.: Civil Petition No,393-L of 2003 Date of Judgment:2003-04-24 Reported As: 2003 SCMR 1720 Result: Case remanded
JUDGMENT
JUDGMENT ' MUNIR A. SHEIKH, J.---The notices issued to the respondents in pursuance of order dated 10-4- 2003 have been returned with the report that some of them have gone on tour and the others have been transferred. 2. The grievance of the petitioner in this petition was that disciplinary proceedings were initiated against him under (E&D) Rules, Inquiry Officer was appointed who made report and the matter was pending before the Departmental Authority when proceedings were switched over to Punjab Removal from Service (Special Powers) Ordinance, 2000 and the petitioner was imposed penalty thereunder, which according to learned counsel for the petitioner could not be done as per terms of section 13 of the said Ordinance. 3. The contention appears to be correct, for section 13 of the Ordinance is explicit on the point that disciplinary proceedings initiated prior to coming into force of the said Ordinance were to be completed under (E&D) Rules, and not under this Ordinance. 4. For the foregoing reasons, this petition is converted into appeal the same is accepted, order dated 25-4-2000 imposing penalty on the petitioner under section 13 of the Ordinance and the judgment of the Punjab Service Tribunal dated 18-12-2002 are hereby set aside and the case is remanded to the Departmental Authority to proceed from the stage under (E&D) Rules when order dated 20-4-2002 was passed for passing order under the said rules.