Law:

Section:

(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)------Ss. 3, 11, 12 & 13---Removal from service---Wilful absence from duty---Period of such absence related to partly before and partly after promulgation of Punjab Removal from Service (Special Powers) Ordinance, 2000---Validity---Nobody could claim a vested right in procedure---Proceedings had rightly been taken against civil servant under Ordinance, 2000. (b) Administration of justice--- ---Nobody could claim a vested right in the procedure. Aziz Ahmad Chughtai, Advocate Supreme Court for Petitioners. Respondent in person. ORDER SYED JAMSHED ALI, J--- Disciplinary proceedings were taken against the respondent, an employee of Agriculture Department of the Punjab Government, vide charge-sheet dated 23-10-2001 issued under section 5 of Punjab Removal from Service (Special Powers) Ordinance (No.IV), 2000, for wilful absence from 15-10-1978 to 23-10-2001. 'He was removed from service vide order, dated 1-12-2001 of the competent Authority. His appeal before the Departmental Appellate Authority was dismissed on 20-12-2001. His appeal before the Punjab Service Tribunal was allowed vide judgment, dated 6-8-2003 on the sole ground that the wilful absence of the respondent related to the year 1978-79 when the aforesaid Ordinance did not exist and the Efficiency and Discipline Rules were applicable. Accordingly, the case was remanded to the "Authority" for de novo proceedings. 2. The learned counsel for the petitioner submits that the learned Tribunal did not advert to the relevant provisions of the aforesaid Ordinance in reaching the impugned conclusion which is an error of law apparent on the face of the record and is likely to affect a number of cases. He relied on sections 11, 12 and 13 of Ordinance IV of 2000 in support of his submission. The respondent is in attendance in person who has also been heard. He has relied on the reasoning of the learned Tribunal given in para.4 of the impugned judgment. 3. We have considered the submissions. The relevant provisions to be attended to resolve the controversy are sections 11, 12 and 13 which are reproduced for facility of reference:- "11. Ordinance…

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