Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 3

(i) Pakistan Criminal Law Amendment Act (XL of 1958)— ------ S. 3 (2) (6)'— Special Judge — Qualifications   of—Removal from service—Disqualification of—Reinstatement — Effect of— Proposed officer reinstated after his removal or dismissal from service—Held : Such officer to continue to suffer disqualification to hold office of Special Judge. [P. 276]# (ii) Pakistan Criminal Law Amendment Act (XL of 1958)— ------ S. 3 (2) (b)—Special  Judge — Qualifications   of—Dismissal  from service — Effect of — Words "at any time"—Meaning of—Held : Words "at any time" prefixed to words "been removed or dis-missed from such service" to refer to factum of removal or dismissal as event occurring at point of time, irrespective of its effect. [P. 276]A (Hi) Pakistan Criminal Law Amendment Act (XL of 1958)— ------ S. 3 (2) (b)—Special Judge-Qualification   of—"Removal" from service — Meaning of — Held : Word "removal" having been used in generic sense, same to cover all types of cases of severance of service effected at instance of Government where there be cause disclosed or not outwardly disclosed because of law or rules applicable or by way of public policy or as favour to public^servant Held further: Removal not to be equated with retrenchoment where severance be effected because of department or cadre wound up or number of posts being abolished or where severance be effected of person on probation or holding temporary appoint­ment or engaged under contract. [P. 277JC (if) Pakistan Criminal Law Amendment Act (XL of 1958)— -—S. 3 (2) (b)-~Special Judge — Qualifications of— Pre-mature re­tirement—Effect of—HeW : Pre-mature retirement of official being covered by word "removal" appearing in clause (6) of subsec­tion (2) of S. 3s persons compulsorily retired by way of major penalty under relevant Civil Servants (Efficiency and Discipline) Rulefc also to be covered by word "removed". [P.…