MUHAMMAD NAWAZ vs DISTRICT AND SESSIONS JUDGE and others
This petition, converted into an appeal, concerns the legality of disciplinary proceedings initiated against the petitioner. The core legal question was whether disciplinary proceedings commenced under the (E&D) Rules could be legally switched over to the Punjab Removal from Service (Special Powers) Ordinance, 2000, and whether a penalty could be imposed under the latter. The Supreme Court held that the action taken against the petitioner was legally flawed. The Court observed that Section 13 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, explicitly mandates that disciplinary proceedings initiated prior to the commencement of the Ordinance must be completed under the (E&D) Rules, rather than under the new Ordinance. Consequently, the Court set aside the penalty imposed on the petitioner and the subsequent judgment of the Punjab Service Tribunal. The matter was remanded to the Departmental Authority with directions to resume and complete the proceedings from the stage where they stood under the (E&D) Rules. The key principle established is that the transition of disciplinary proceedings to the Punjab Removal from Service (Special Powers) Ordinance, 2000, is prohibited if such proceedings were already pending under the (E&D) Rules.
- Can disciplinary proceedings initiated under the (E&D) Rules be switched to the Punjab Removal from Service (Special Powers) Ordinance, 2000?
- Does Section 13 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, mandate the completion of pending disciplinary proceedings under the (E&D) Rules?
- Is a penalty imposed under the Punjab Removal from Service (Special Powers) Ordinance, 2000, valid if the proceedings were originally initiated under the (E&D) Rules?
- Section 13, Punjab Removal from Service (Special Powers) Ordinance 2000
' MUNIR A. SHEIKH, J.--The notices issued to the respondents in pursuance of order dated 10-4-2003 have been returned with the report that some of them have gone on tour and the others have been transferred.
2. The grievance of the petitioner in this petition was that disciplinary proceedings were initiated against him under (E&D) Rules, Inquiry Officer was appointed who made report and the matter was pending before the Departmental Authority when proceedings were switched over to Punjab Removal from Service (Special Powers) Ordinance, 2000 and the petitioner was imposed penalty thereunder, which according to learned counsel for the petitioner could not be done as per terms of section 13 of the said Ordinance.
3. The contention appears to be correct, for section 13 of the Ordinance is explicit on the point that disciplinary proceedings initiated prior to coming into force of the said Ordinance were to be completed under (E&D) Rules, and not under this Grievance.
4. For the foregoing reasons, this petitions converted into appeal the same is accepted, order dated 25-4-2000 imposing penalty on the petitioner under section 13 of the Ordinance and the judgment of the Punjab Service Tribunal dated 18-12-2002 are hereby set aside and the case is remanded to the Departmental Authority to proceed from the stage under (E&D) Rules when order dated 20-4-2002 was passed for passing order under the said Rules.
Cited by 4 cases
- MUHAMMAD YOUNIS vs FEDERATION OF PAKISTAN and 2 others 2006 PLJ Tr.C. (Services) 108
- MUHAMMAD YOUNIS vs FEDERATION OF PAKISTAN and others 2006 PLC (C.S.) 1346
- KHAIR MUHAMMAD vs CHAIRMAN, NADRA and 2 others 2009 PLC (C.S.) 117
- Imdad Ali Shaikh vs Federation Of Pakistan, Sukkur Through The Divisional 2008 KLR Labour & Service Cases 347