Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,10,11,12

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b)(iv)

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3, 10 11 12---Government Servants (Efficiency and Discipline) Rules, 1973, R.4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Disciplinary proceedings had been initiated against appellant by issuing him show-cause notice, his personal hearing on 13th March, 2001 under Government Servants (Efficiency and Disciplinary) Rules, 1973, at a time when Removal from Service (Special Powers) Ordinance, 20,00 was already promulgated---Provisions of Ss.11 12 of Removal from. Service (Special Powers) Ordinance, 2000 having over-riding effect, on any other laws, proceedings against appellant under Government Servants (Efficiency and Discipline) Rules, 1973 were illegal ab initio, null and void---Case was that of misapplication of law and was remanded for de novo proceedings against appellant strictly in accordance with the relevant law on the basis of the same allegations as contained in the show-cause notice---Impugned orders were set aside---Appellant would be reinstated in service, accordingly.    2003 SCMR 1718=2003 PLC (C.S.) 1304; 2003 PLC (C.S.) 600 and 2004 SBLR 199 rel. ORDER RASHID ALI MIRZA (MEMBER).--- Appellant had been serving as Lower Division Clerk when show-cause notice was issued to him which reads as under: Government of Pakistan Statistics Division Federal Bureau Of Statistics 1-B S.M.C.H. Society, Karachi-3 No.FBS.Ap.P-3(164)/94 Karachi, the 13th March, 2001 Whereas Mr. Touseef Ahmad Malik, Lower Division Clerk in this Bureau usually has been absenting from his duties without any information/intimation. He is in the habit of availing frequent leave. He has already availed 254 days E.O.L (without pay), 212 days un-authorized leave has also availed by him between the period from 30-4-1997 to 9-8-2000. He was warned in writing to desist from such practice but all in vain. (2) He is now again absent from his duties since 2-9-2000. He was directed to resume his duty by telegrams dated 6-9-2000, 20-9-2000 and 4-10-2000 at his home address but no response has been received from him. He has been served final memorandum dated…

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