Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss.1(3)(4), 2(c), 3, 11 & 12---Service Tribunals Act (LXX of 1973), S.4---Imposition of penalty---Appeal against---Appellant was directed to pay amount as penalty vide order dated 27-9-2003 passed under provisions of Removal from Service, (Special Powers) Ordinance, 2000, whereas appellant had already retired in the year 1996---Removal from Service (Special Powers) Ordinance, 2000, would not be applicable to appellant as he had retired from service long before promulgation of the said Ordinance---Removal from Service (Special Powers) Ordinance, 2000, had come into force in May, 2000 having no retrospective effect---Proceedings under said law could not be taken against appellant who had retired much earlier than its enforcement---For a cause of action accrued on a particular date, proceedings had to be taken under the law in force at that time---Knowledge as to cause of action was relevant only for the purpose of reckoning limitation---If respondent-Authorities had come to know about misconduct of appellant, such knowledge could be relevant for purpose of fixing period of limitation for starting legal proceedings and date of knowledge was not relevant for applicability of law under which proceedings were to be taken---Proceedings had to be taken under the law which was applicable on date on which cause of action had actually arisen---Impugned order not passed under correct law, was set aside, in circumstances. 2003 PLC (C.S.) 645 ref. Sheikh Abdul Hameed for appellant. Umar Sharif for the Respondents. Date of hearing: 11th September, 2004. JUDGMENT MOAZZAM HAYAT (MEMBER).---Appellant Ch. Muhammad Aslam was a Chief Engineer in the service of the respondents. He has been directed to pay an amount of Rs.68100 vide order dated 27-9-2003 passed under the provisions of Removal from Service (Special Powers) Ordinance, 2000. The legality and validity of this order has been challenged by him in his present appeal filed under section 4 of the Service Tribunals Act, 1973. Before filing the present appeal he had filed a departmental appeal on 10-10-2003 but is was not responded by the respondents. 2.…

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