Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------S.10---Pakistan Red Crescent Society Act (XV of 1920), S.4---Service Tribunals Act (LXX of 1973), S.4---Appeal---Maintainability---Employee of Pakistan Red Crescent Society---Jurisdiction of Service Tribunal--- Determination--- Phrase "in accordance with law"---Applicability---Case was remanded to Service Tribunal for decision afresh in accordance with law and Service Tribunal without determining the question of jurisdiction reinstated the employee in service---Validity---Service Tribunal passed the merely because Supreme Court had remanded the case to it for deciding it "in accordance with law" and misdirected itself in deciding the question of jurisdiction---Employee was not a civil servant who could agitate his grievance by way of appeal before Service Tribunal---Supreme Court set aside the passed by Service Tribunal---Appeal was allowed. Ziaullah Khan Niazi v. Chairman Pakistan Red Crescent Society 2004 SCMR 189 at page 191; Pakistan Red Crescent Society v. Nazir Gillani PLD 2005 SC 806 at page 814; Sajjad Hussain Bukhari v. Treasurer of Charitable Endowment for Pakistan 2005 SCMR 65; Muhammad Mubeen us Salam v. Federation of Pakistan PLD 2006 SC 602; Executive Council Allama Iqbal Open University v. M. Tufail Hashmi 2010 SCMR 1484 and Chairman State Life Insurance Corporation v. Hamayun Irfan 2010 SCMR 1495 at page 1503 rel. Sh. Shahid Waheed, Advocate Supreme Court for Appellant. M. Hanif Khan Niazi, Advocate Supreme Court for Respondent. Date of hearing: 19th July, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this appeal by leave of the court Pakistan Red Crescent Society, Provincial Branch has challenged the judgment dated 30-12-2009 vide which respondent Zia Ullah Khan Niazi's appeal, who was at the relevant time serving as Assistant Secretary of the appellant Society was allowed and the order passed by the competent authority imposing major penalty of removal from service was set aside and he was reinstated and awarded minor penalty of censure. 2. Learned counsel for the appellant in support of this appeal submitted that the learned Service Tribunal did not have jurisdiction to…

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