Law: Constitution of Pakistan, 1973

Section: 48(1),189,190,212(3),148(1)

Law: Civil Servants (Appeal) Rules, 1977

Section: 5

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

Section: 3(1)(a)

Law: Civil Servants Act, 1973

Section: 23

(a) Constitution of Pakistan--- ----Arts. 48(1), 189, 190 & 212(3)---Civil Servants Act (LXXI of 1973), S. 23---Civil Servants (Appeal) Rules, 1977, R. 5---Removal from Service (Special Powers) Ordinance (XVII of 2000), S. 3(1)(a) [since repealed]---Constitutional obligation of the President of Pakistan to ensure implementation of the s of the Supreme Court---Scope---Dismissal of civil servant from service attaining finality after of Supreme Court---President ordering re-instatement of such civil servant on grounds of hardship under S. 23 of Civil Servants Act, 1973---Legality and effect---President nullifying findings of the Supreme Court---Civil servant in question was dismissed from service on charge of un-authorized absence from duty---Civil servant preferred departmental appeal under S. 23 of Civil Servants Act, 1973 before the President (competent authority), which remained undecided---Consequently civil servant filed appeal before the Service Tribunal, which was allowed, however Supreme Court in its appellate jurisdiction maintained penalty of dismissal from service---Such of the Supreme Court attained finality---Subsequent to Supreme Court's civil servant preferred second appeal/review to the President under S. 23 of Civil Servants Act, 1973, which was ultimately allowed, and civil servant was reinstated in service---Held, such order by the President was per se violative of the of the Supreme Court given under Art. 212(3) of the Constitution, whereby penalty of dismissal from service was maintained---Such order by the President (competent authority) offended Art. 190 of the Constitution, which mandated that all executive and judicial authorities shall act in aid of the Supreme Court---Civil servant had already availed the right of appeal against his dismissal from service in terms of R.5 of Civil Servants (Appeal) Rules, 1977---Civil servant having exhausted his remedy of appeal in the original proceedings (before the Service Tribunal and the Supreme Court), could not in law, file a second appeal and/or review under S. 23 of the Civil Servants Act, 1973, as such appeal/review would offend the provisions of Art. 212(3) of the Constitution---Findings…

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