Full Judgment Text & Judicial Ruling

2010 P L C (C

2010 P L C (C.S.) 579

[Supreme Court of Pakistan]

Present: Mian Hamid Farooq and Syed Sakhi Hussain Bokhari, JJ

NED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI and others

Versus

HAFEEZULLAH KHAWAJA

Civil Petition No.404-K of 2009, decided on 11th June, 2009.

Removal from Service (Special Powers) Sindh Ordinance (IX of 2000)---

----S. 11---Sindh Civil Servants (Efficiency and Discipline) Rules, 1990, Rr.4 & 5---Constitution of Pakistan (1973), Arts.185(3) & 199---Removal from service---Initiation of disciplinary proceedings against respondent on 19-6-2004 under Sindh Civil Servants (Efficiency and Discipline) Rules, 1990 after promulgation of Sindh Removal from Service (Special Powers) Ordinance, 2000---High Court set aside such penalty while accepting respondent's constitutional petition---Validity---Supreme Court granted leave to appeal to consider as to whether High Court was justified in holding that provisions of S.11 of the Ordinance had overriding effect over all laws though S.1J thereof states that provisions of the Ordinance shall have effect notwithstanding anything contrary to Sindh Civil Servants Act, 1973 and rules made thereunder and any of:.; law for the time being in force, whether high Court did not misapply law laid down by Supreme Court in judgments reported as 2007 SCMR 229, 2007 PLC (C.S.) 1288 and 2004 PLC (C.S.) 1187 and whether High Court did not err in law while holding that initiation of disciplinary proceedings against respondent on 19-6-2004 under Sindh Civil Servants (Efficiency and Discipline) Rules, 1990 after promulgation of Sindh Removal from Service (Special Powers) Ordinance, 2000, final order stood vitiated.

Muhammad Tasnim and Ahmadullah Faruqi for Petitioners.

Nemo for Respondent.

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 DG 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 I.-G, 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.

4. C.M.A. No.330 of 2009. Notice to the respondent for an early date.

S.A.K./N-5/SC??????????????????????????????????????????????????????????????????????????????????????????????? Leave granted.

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