Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973---------Rr.3, 4 & 7---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss.4 & 9---Removal from service---Civil servant was charge-sheeted under Government Servants (Efficiency and Discipline) Rules, 1973 and on the basis of findings of Enquiry Officer was removed from service---Civil servant had filed appeal against order of his removal before Service Tribunal and during pendency of said appeal civil servant was directed to be reinstated, but on the very date of his re instatement, he was suspended in exercise of powers conferred under S.4 of Removal from Service (Special Powers) Ordinance, 2000---Subsequently a charge­ sheet identical to the one forming the basis of earlier action against civil ,servant Was issued---As a consequence of order of reinstatement, Service Tribunal had declared appeal of civil servant to have become infructuous---:Validity---After promulgation of Removal from Service (Special Powers) Ordinance, 2000 Government had option to proceed against a civil servant under said Ordinance or under Government Servants (Efficiency and Discipline) Rules, 1973, because said Rules had not been repealed till then and on principle of construction an action taken thereunder would be treated as valid---Once action had been taken against civil servant according to law and final order was pending adjudication before Service Tribunal, decision to nullify the same and start proceedings de novo, could not be assumed to have been taken under bona fide, exercise of public power---Order of reinstatement of civil servant followed by fresh proceedings under Removal from Service (Special Powers) Ordinance, 2000, could not be sustained and was liable to be set aside---Civil servant's appeal before Service Tribunal would stand revived ,as order declaring, it to have become infructuous was passed on the basis of order of reinstatement which was no longer operating. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000).--- ----S.9---Constitution of Pakistan (1973), Arts.199 & 212---Appeal before Service Tribunal---Jurisdiction of High Court---Under provisions of S.9…

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