Law:

Section:

(a) Removal From Service (Special Powers) Ordinance (XVII of 2000)---   ----S.13---Disciplinary proceedings, commencement of---Terminus quo of-- Civil servant was sent on forced leave on 12-4-2000, whereas charge-sheet was issued to him on 24-11-2000 and 30-12-2000---Order of suspension or order of sending civil servant on leave was in the nature of administrative action-- -Issuance of charge-sheet and statement of allegations was the start of quasi-judicial investigating process, through which allegations were brought to notice of civil servant---Pending proceedings contemplated in S.13 of the Ordinance related to proceedings that commenced with issuance of charge sheet and not by an administrative act of sending civil servant on forced leave---Charge-sheet had been issued after commencement of the Ordinance, S.13 thereof would have no application---Civil servant was liable to be dealt with under the Ordinance.   Mushtaq Hussain Qazi and others v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others 2001 PLC (C.S.) 223 distinguished.   Mushtaq Hussain Qazi and others v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others 2001 PLC (C.S.) 223; Mst. Karim Bibi and others v. Hussain Bakhsh PLD .1984 SC 344 and Mst. Bilquis Jaffar v. Zulifiqar Ahmad Ghuman, Cantonment Magistrate Office of Cantonment Board, Lahore and another 2002 CLC 42-ref.   (b) Words and Phrases---   ----Proceedings---Meaning---Term 'Proceedings' shall mean a prescribed course of action for enforcing a legal right.   (c) Civil service---   ----Disciplinary proceedings, commencement of---Proceedings in a disciplinary matter would not commence till the issuance of a charge sheet statement of allegation.   (d) Removal From Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss.2(aa) and 5.1(a)(b)---Competent Authority---Charge-sheet, issuance of---Civil servant was in Grade-l8--Chairman, who was Secretary Ministry of Railways and Communication was duly authorized to be Competent Authority for purposes of the Ordinance.   (c) Removal From Service (Special…