Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 3,5

Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 15,25(b)

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Quashing of FIR/Investigation---Principle---High Court in exercise of powers under Art. 199 of the Constitution can quash FIR but normally do not quash investigation of case at its preliminary stage. (b) Administration of justice--- ----Proceedings---Scope---Criminal and departmental proceedings are quite distinct from each other---If an accused is acquitted by Court of law, punitive action can be taken against him on departmental side and vice versa. Arif Ghafoor v. Managing Director, H.M.C., Taxila and others PLD 2002 SC 13 and Government of Pakistan through Secretary M/o Finance and others v. Asif Ali and others 2006 SCMR 1005 rel. (c) Interpretation of statutes--- ----Retrospective effect---Principle---Only that law can be given retrospective effect which brings some changes in procedure---No retrospective effect can be given to a substantive law under which certain rights accrues to a person. Badshah Gul Wazir v. Government of Khyber Pakhtunkhwa through Chief Secretary and others 2015 SCMR 43 rel. (d) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 15 & 25(b)---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss. 3 & 5---Reinstatement in service---Scope---Petitioners were civil servants who were arrested in year 2000 by National Accountability Bureau but they were released as they entered into plea bargain---On departmental side, petitioners were proceeded under Removal from Service (Special Powers) Ordinance, 2000 and dismissed from service but Service Tribunal reinstated them in service---National Accountability Bureau once again initiated investigation against petitioners on the allegation that they sought illegal reinstatement in their service---Petitioners sought quashing of the proceedings on the ground that amendments in S. 15 of National Accountability Ordinance, 1999 had no retrospective effect---Validity---Amendments in National Accountability Ordinance, 1999 were not applicable to the case of petitioners nor National Accountability Bureau authorities could be given a free hand to initiate proceedings in a case at such a belated stage at…