Case Details

Citation(s)
2001 SLG 1595 2001 SLD 1595 2001 SCMR 1945
Supreme Court of Pakistan
Civil Petitions Nos.1259, 1260 and 1386 of 2001, decision dated: 28-05-2001, hearing DATE : 23-05-2001
IFTIKHAR MUHAMMAD CHAUDHRY, QAZI MUHAMMAD FAROOQ AND HAMID ALI MIRZA, JJ
Aitzaz Ahsan, Senior Advocate Supreme Court and Ejaz Muhammad Khan Advocate-on-Record for Petitioners (in all Cases). Nawaz Bhatti, Deputy Attorney General for
Respondents

MUHAMMAD ASLAM and 2 others

VS

SECRETARY, ESTABLISHMENT DIVISION and others

Law:

Section:

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000) Ss 4, 9 & 10Constitution of Pakistan (1973), Art. 185(3)Order of suspensionValidityLeave to appeal was granted by the Supreme Court to consider as to whether an order of suspension passed by Competent Authority under S. 4 of the Removal from Service (Special Powers) Ordinance, 2000 was appealable under S. 10 of the Ordinance; whether High Court had no jurisdiction under Art. 199 of the Constitution of Pakistan to set aside a suspension order which was unfair, unjust as well as contrary to the principles of natural justice and if the suspension of a civil servant fell under terms and conditions of his service then in view of the scheme of the Ordinance what remedy was available to an employee; whether -Petitioners had not been treated discriminately because one of the civil servant who was suspended alongwith them had been reinstated in pursuance of a judicial order passed by the High Court of Sindh and whether in view of S. 10 of the Ordinance where right of appeal has been provided only to the extent of dismissal, removal or compulsory retirement from service or reduction to a lower post in terms of S. 9 of the Ordinance, the judgment passed by Supreme Court in 1985 SCMR 63 and 2000 PLC (C.S.) 118 required reconsideration. Mir Shahnawaz Marri, ExDirector, Mineral Development v. Government of Balochistan through Chief Secretary, Balochistan, Civil Secretariat, Quetta and, 4 others 2000 PLC (C.S.) 533; Alauddin v. Chief Commissioner PLD 1959 (W.P.) Kar. 282; Muhammad Sadiq Khokhar v. EngineerinChief, Pakistan Army G.H.Q. and another 1985 SCMR 63; Akhtar Ali v. Province of Punjab PLD 1992 Lah. 127 and Province of Punjab and another v. Ch. Muhammad Ashraf ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. --In these petitions leave to appeal has been sought against the judgment of Lahore High Court, dated 22nd March, 2001 whereby number of writ petitions including the petitions instituted by the -Petitioners have been dismissed. 2. Learned counsel contended that -Petitioners alongwith many other civil servants serving either in the 'Income Tax Department' or 'Customs Department' have been proceeded against…
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