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

Section: 3

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 5

Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----S. 3---Government Servants (Efficiency and Discipline) Rules, 1973, R. 5---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Art.212(3)---Issuance of first charge-sheet under Government Servants (Efficiency and Discipline) Rules, 1973---Withdrawal of first order of penalty by Department during pendency of appeal in Service Tribunal on the ground that Government Servants (Efficiency and Discipline) Rules, 1973 had ceased to be in force at relevant time---Issuance of second charge-sheet and initiation of fresh disciplinary proceedings against appellant under Removal from Service (Special Powers) Ordinance, 2000 on basis of allegations contained in first charge sheet and imposition of second penalty of compulsory retirement from service---Conversion of second penalty of compulsory retirement into reduction to a lower post by Service Tribunal---Validity---Supreme Court granted leave to appeal to consider whether fresh charge-sheet could be issued to appellant on same charges/allegation under Removal from Service (Special Powers) Ordinance, 2000 after recalling/rescinding first order of penalty on the ground that departmental proceedings were inadvertently initiated under Rules, 1973, which had ceased to be in force at relevant time after promulgation of the Ordinance.     (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----S. 3---Government Servants (Efficiency and Discipline) Rules, 1973, R.5---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Imposition of penalty of reduction to a lower grade---Issuance of first charge-sheet under Government Servants (Efficiency and Discipline) Rules, 1973---Withdrawal of order of imposition of such penalty by Department during pendency of appeal in Service Tribunal on the ground that Rules, 1973 had ceased to be in force at relevant time after promulgation of Removal from Service (Special Powers) Ordinance, 2000---Issuance of second charge-sheet and initiation of fresh disciplinary proceedings against appellant under the Ordinance on basis…

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