Law:

Section:

(a) Interpretation of statutes-------Non-obstante clause---Objects----Any phrase or a sentence in a statute beginning with or prefixed by the word "notwithstanding" was called "non-obstante clause" and its main objects were, either to create an exception, where there was a conflict between two provisions of a statute or it could be clarificatory of the original position and introduced only by way of abundant caution. PLD 1979 Lah. 603; PLD 1979 Lah, 603 and PLD 1988 Lah. 725 ref. (b) North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)--- ----Preamble & S.11---Object and purpose of North-West Frontier Province 'Removal from Service (Special Powers) Ordinance, 2000---Preamble of the Ordinance, would show that it was promulgated keeping in view the prevailing circumstances and for furtherance of good governance to provide for speedy measures relating to dismissal, removal etc. of certain persons from government service or corporation service without repealing the laws already applicable to such persons; or in other words, that the Ordinance was co-existent with such other laws; meaning thereby that if the competent Authority wanted to proceed against a person under the Ordinance; then provisions to the contrary contained in such other laws, were to be ignored and vice versa---Such was the clarification, which had been introduced by S.11 of North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000 by using non-obstante clause therein. Ijaz Anwar for petitioner. Wasimuddin Khattak for Respondents. Date of hearing: 18th April, 2006. JUDGMENT FAZLUR REHMAN KHAN, J---W.P. No.1152 and W.P. No.1153, both of the year 2005, are proposed to be disposed of by this single judgment, as common questions of law and facts are involved therein. 2. In W.P. No.1152/2005, the petitioner Roohul Amin was a Junior Clerk in the Establishment-section while in the W.P. No.1153/2005, petitioner Shujatullah, was Assistant in the main Library of the University of Peshawar (respondent No.1 herein). By an order-dated 8-8-2002, both the petitioners were not only suspended for their involvement in mal-practices of production of…

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