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

Section: 3(1)(e)

Law: Punjab Local Councils (Contract,) Rules, 1981

Section: 27

Law: Constitution of Pakistan, 1973

Section: 212(3),4

(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ----S. 3(1)(e)---Punjab Local Councils (Audit) Rules, 1981, R.27---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider whether civil servant could be dealt with under Punjab Local Councils (Audit) Rules, 1981, simultaneously or subsequently to disciplinary proceedings taken under the provisions of Punjab Removal from Service (Special Powers) Ordinance, 2000; and whether penalty of recovery of Rs.371,836 was justifiable in the facts and circumstances of the case.    (b) Constitution of Pakistan (1973)---   ----Art. 13---Criminal Procedure Code (V of 1898), S.403---Double jeopardy, principle of---Scope---No person can be punished twice for the same offence.    (c) Service Tribunals Act (LXX of 1973)---   ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Delay, condonation of---Effect---Sufficiency of cause for condonation of delay being question of fact is within exclusive jurisdictional domain of Service Tribunal---Once discretion of condoning of delay has been exercised by Service Tribunal, it can neither be interfered with nor disturbed by Supreme Court.    Ali Hassan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086; Muhammad Azhaar Khan v. Service Tribunal, Islamabad 1976 SCMR 262; Yousaf Khan Siddiqi v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1576 SCMR 268; WAPDA v. Abdul Rashid Dar 1990 SCMR 1513; Sher Bahadur v. Government of N.-W.F.P. 1990 SCMR 1519 and Zahida v. Deputy Director 1990 SCMR 1504 rel.   (d) Civil service---   ----Departmental and criminal proceedings---Scope---Simultaneous action under disciplinary rules and criminal law can be initiated subject to certain legal exceptions.    (e) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ---Ss. 3(1)(e) 11---Punjab Local Councils (Audit) Rules, 1981, R.27---Constitution of Pakistan (1973), Arts.13 212---Double jeopardy, principle of---Applicability---Civil servant was awarded penalty of censure under S.3 (1)(e) of Punjab Removal from Service…

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