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

Section: 4,6(2)

Law: General Clauses Act, 1897

Section: 4(1)(b),4(1)(c)

Law: Khyber Pakhtunkhwa Provincial Ombudsman (Amendment) Act, (XXVI of 2013)

Section: 5

(a) Khyber Pakhtunkhwa Provincial Ombudsman Act (XIV of 2010)----Ss. 4 & 6(2)--- Khyber Pakhtunkhwa Provincial Ombudsman (Amendment) Act (XXVI of 2013), S. 5---West Pakistan General Clauses Act (VI of 1956), S. 4(1)(b) & (c)---Provincial Ombudsman, office of---Tenure of office---Period of four years---Substantive/ accrued right---Amendment repealing/substituting tenure of office of Provincial Ombudsman--- Such amendment would not have retrospective effect--- Appellant was appointed as Provincial Ombudsman for a period of four years in terms of S. 4 of Khyber Pakhtunkhwa Provincial Ombudsman Act, 2010, which provided that the Provincial Ombudsman shall hold office for a period of four years---Subsequently Khyber Pakhtunkhwa Provincial Ombudsman (Amendment) Act (XXVI of 2013) made an amendment in the tenure of office of Provincial Ombudsman by adding that Provincial Ombudsman would hold office for four years or till the age of sixty-two years, whichever was earlier---Before appellant's tenure of four years was complete, he attained the age of 62 years, hence in terms of the amendment he was de-notified as Provincial Ombudsman---Legality---Section 4 of Khyber Pakhtunkhwa Provincial Ombudsman Act, 2010 [as amended by S. 5 of Khyber Pakhtunkhwa Provincial Ombudsman (Amendment) Act (XXVI of 2013)] was not given retrospective effect nor did it contain a non obstante clause---Substituted section, particularly one curtailing substantive rights, did not have "retroactive operation" unless the legislature elected to give it retrospective effect---Amendment made, in the present case, did not contain any element whereby the appointment of appellant as a Provincial Ombudsman was revoked, repealed, withdrawn or cancelled---In the absence of such legislation, the tenure of appellant could not be curtailed in the exercise of administrative powers---Legislature in its wisdom provided statutory protection to the person holding office of Provincial Ombudsman and envisaged his/her removal only if he/she was guilty of misconduct or was physically or mentally incapacitated to perform his/her duties as provided under S. 6(2) of Khyber Pakhtunkhwa Provincial Ombudsman Act,…

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