NED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI and others vs HAFEEZULLAH KHAWAJA
This matter arises from a petition for leave to appeal against the judgment dated 17-4-2009 passed by the High Court of Sindh at Karachi in a constitutional petition. The core legal questions concern the interpretation and overriding effect of section 11 of the Removal from Service (Special Powers) Sindh Ordinance, 2000 vis-a-vis other laws such as the Sindh Civil Servants Act, 1973, the correct application of established judicial precedents regarding disciplinary proceedings, and whether the initiation of disciplinary proceedings under earlier statutes after the promulgation of the said Ordinance vitiates the final order. The Supreme Court of Pakistan granted leave to appeal to examine these statutory and constitutional questions arising from the interpretation of service laws and disciplinary frameworks.
- Whether the provisions of section 11 of the Removal from Service (Special Powers) Sindh Ordinance, 2000 have an overriding effect over all laws or only those specified?
- Whether the High Court misapplied the law laid down in precedent judgments regarding service matters and disciplinary proceedings?
- Whether the initiation of disciplinary proceedings under the statutes of 1990 after the promulgation of the Removal from Service (Special Powers) Sindh Ordinance, 2000 vitiates the final order?
- Section 11, Removal from Service (Special Powers) Sindh Ordinance, 2000
- Sindh Civil Servants Act, 1973
ORDER
' MIAN HAMID FAROOQ, J--- Petitioners seek leave to appeal against judgment dated 17-4-2009, whereby the learned High Court of Sindh at Karachi allowed respondent's constitutional petition (C.P. No,D-1690 of 2007).
2. Having heard learned counsel for the petitioners, we grant leave to appeal to the petitioners, inter alia, to consider the following question:---
(A) Whether the learned High Court was justified in holding that provisions of section 11 of Removal from Service (Special Powers) Sindh Ordinance, 2000 has overriding effect over all laws though section 11 (ibid) states that provisions of the Ordinance shall have effect notwithstanding anything contrary to Sindh Civil Servants Act, 1973 and rules made thereunder and any other law for the time being in force.
(B) Whether the learned High Court did not misapply the law laid down by this court in the judgments reported as "Azizullah Memon v. Province of Sindh 2007 SCMR 229, Federation of Pakistan through D.G. Military Lands and Cantonments, Rawalpindi and others v. Syed Ibrahim Shah and others 2007 PLC (C.S.) 1288, Tanvir Hussain v. Divisional Superintendent PLD 2006 SC 249 and HQ Frontier Corps and others v. Ghulam Hussain and others 2004 PLC (C.S.) 1187".
(C) Whether the learned High Court did not err in law, while holding that initiation of disciplinary proceedings against the respondent on 19-6-2004 under the statutes of 1990, after the promulgation of Ordinance, 2000 and the final order stood vitiated.
3. Leave to appeal is accordingly granted.