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

Section: 11

Law: Constitution of Pakistan, 1973

Section: 185(5),199

Removal from Service (Special Powers) Sindh Ordinance (IX of 2000)---   ----S. 11---Sindh Civil Servants (Efficiency and Discipline) Rules, 1990, Rr.4 5---Constitution of Pakistan (1973), Arts.185(3) 199---Removal from service---Initiation of disciplinary proceedings against respondent on 19-6-2004 under Sindh Civil Servants (Efficiency and Discipline) Rules, 1990 after promulgation of Sindh Removal from Service (Special Powers) Ordinance, 2000---High Court set aside such penalty while accepting respondents constitutional petition---Validity---Supreme Court granted leave to appeal to consider as to whether High Court was justified in holding that provisions of S.11 of the Ordinance had overriding effect over all laws though S.1J thereof states that provisions of the Ordinance shall have effect notwithstanding anything contrary to Sindh Civil Servants Act, 1973 and rules made thereunder and any of:.; law for the time being in force, whether high Court did not misapply law laid down by Supreme Court in s reported as 2007 SCMR 229, 2007 PLC (C.S.) 1288 and 2004 PLC (C.S.) 1187 and whether High Court did not err in law while holding that initiation of disciplinary proceedings against respondent on 19-6-2004 under Sindh Civil Servants (Efficiency and Discipline) Rules, 1990 after promulgation of Sindh Removal from Service (Special Powers) Ordinance, 2000, final order stood vitiated. ORDER MIAN HAMID FAROOQ, J--- Petitioners seek leave to appeal against judgment dated 17-4-2009, whereby the learned High Court of Sindh at Karachi allowed respondents constitutional petition (C.P. No.D-1690 of 2007). 2. Having heard learned…

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