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

Section: 9,10,11,12

Law: Constitution of Pakistan, 1973

Section: 199

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 9, 10, 11 12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Imposition of penalty of removal from service---Reinstatement order---Implementation of order of reinstatement---Petitioner was charge-sheeted for improper supervision of certain maintenance works executed by his attached officer---Inquiry officer proposed imposition of minor penalty on petitioner, but the designated Authority inflicted the penalty of removal from service---On filing appeal by the petitioner against imposition of said major penalty of removal from service, Appellate Authority set aside petitioners removal from service and directed his reinstatement---Petitioner having not been reinstated, petitioner through his constitutional petition had sought implementation of order of Appellate Authority, whereby petitioner was reinstated---Validity---If the Authority was dissatisfied with the appellate order whereby petitioner was reinstated, a right was available to it to seek its remedy provided under Removal from Service (Special Powers) Ordinance, 2000---By not invoking the remedy available under the law, the of the Appellate Authority, had been accepted---Authority, in circumstances, had no escape in law except to give effect to the order of Appellate Authority by its implementation---Non-compliance of the order was not only an insubordination, but was in sheer violation to the principle of hierarchy, which not only uprooted the principle of rule of law, justice and acceptability but also caused sheer frustration to officials, deprived by such acts---Inaction of designated authority could not be seen with favour which was directed to comply with the order of the Authority within specified period.    ORDER SARDAR MUHAMMAD ASLAM, C J.---The petitioner joined T T as Assistant Divisional Engineer (B-17) in the year, 1988 and was promoted as Divisional Engineer (B-18) in year, 1993. His services were studded with excellent performance. A charge-sheet on false and flimsy charges as claimed by petitioner was issued for improper supervision of certain maintenance works executed by his…

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