Law:

Section:

(a) Removal From Service (Special Powers) Ordinance (XVII of 2000)------Ss. 3 & 10---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal against---Disciplinary proceedings against appellant were initiated under Government Servants (Efficiency and Disciplinary) Rules, 1973 and show-cause notice was issued to him at the time when Removal From Service (Special Powers) Ordinance, 2000 had already commenced---After promulgation of Removal From Service (Special Powers) Ordinance, 2000, no disciplinary proceedings could have been initiated against appellant under Government Servants (Efficiency and Disciplinary) Rules, 1973 as Removal From Service (Special Powers) Ordinance, 2000 had over riding effect on all other laws---Impugned order was set aside and appellant was reinstated in service. 2003 SCMR 1718 = 2003 PLC (C.S.) 1304; 2003 PLC (C.S.) 600 and 2004 SBLR 199 ref. (b) Administration of justice--- ----When law had prescribed something to be done in a particular manner, it had to be done in that manner and not in another. Sanaullah Noor Ghouri for Appellant. Asif Mangi for Respondents. Date of hearing: 7th June, 2005. JUDGMENT RASHID ALI MIRZA (MEMBER)---This is an appeal against the order dated 10-8-2001 whereby appellant was imposed penalty of removal from service. His departmental appeal dated 31-12-2002 was rejected vide order dated 31-12-2002, received on 4-1-2003, hence this appeal. 2. At the outset learned counsel for the appellant has pointed out that the main ground on which the impugned order had been assailed is that the disciplinary proceedings were initiated under E&D Rules, 1973, the show-cause notice was issued to the appellant on 9-4-2001. 3. A plaint reading of the above provisions of law makes it evident that after the commencement of the Ordinance all new proceedings to be governed by its provisions. It is an established principle of law laid down by the superior Courts that' when law prescribes something to be…

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