Law:

Section:

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 9 & 10---Service Tribunals Act (LXX of 1973), S.4(1), proviso (a)---Appeal before Service Tribunal---Limitation---Civil servant would not be required to wait indefinitely for decision of departmental appeal---Maximum period of 120 days would be available to civil servantfor filing appeal before Tribunal under S.4 of Service Tribunals Act, 1973 i.e. 90 days for waiting decision of departmental appeal and 30 days for filing appeal before Tribunal after expiry of such 90 days---Maximum period of 90 days would be available to civil servant for filing appeal before Tribunal under S.10 of Removal from Service (Special Powers) Ordinance, 2000 i.e. 60 days for waiting decision of departmental appeal and 30 days for filing appeal before Tribunal after expiry of such 60 days---After promulgation of the Ordinance, period of limitation for filing appeal before Tribunal would be governed by S.10 thereof having overriding effect over proviso (a) to S.4(1) of Service Tribunals Act, 1973, which stood impliedly repealed--Principles. Syed Firdos Ali v. Secretary, Establishment Division, Islamabad and 2 others 1997 SCMR 1160; Ghulam Sarwar Bhutto v. Chief Secretary, Government of Sindh and 2 others 2001 SCMR 1229; Teekam Das M. Hasseeja, Executive Engineer, WAPDA v. Chairman WAPDA and another 2002 SCMR 142; Mumtaz Ali Khan Rajban and another v. Federation of Pakistan and others PLD 2001 SC 169; The Punjab Province v. Malik Khizar Hayat Khan Tiwana PLD 1956 FC 200; Saiyyid Abul A'la Maudoodi and others v. The Government of West Pakistan and others PLD 1964 SC 673; Neimat Ali Goraya and 7 others v. Jaffar Abbas, Inspector/Sargeant Traffic through S.P. Traffic and others 1996 SCMR 826 and Dur Muhammad v. Abdul Sattar PLD 2003 SC 828 rel. (b) Interpretation of statutes--- ----Implied repeal of an earlier statute or a provision thereof by a later statute---Essential conditions stated. When provision of former statue is inconsistent and in conflict with a provision of a later statute and the two cannot be reconciled or harmonized so as to stand together, then the provision of the earlier statute will give…

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