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 plain 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 done in a particular manner it has to be done in that manner and not another.
4. As to the legality of the proceedings against the Appellant under E & D Rules, 1973, the learned Counsel for the Appellant had rightly pointed out that after promulgation of the Removal from Service (Special Powers) Ordinance, 2000, no disciplinary proceedings could have been initiated against the Appellant under E&D Rules, 1973 as the said Ordinance of 2000 has over-riding effect on all other laws.
5. Respondents had thus, initiated the proceedings against the Appellant by misapplication of law.
Reliance is placed on PLJ 2003 SC 511, 2003 PLC(CS) 600 and 2004 SBLR 199, where on the basis of such misapplication law the order of dismissal against the Appellant in that case was set aside and the said Appellant was ordered to be reinstated in service.
6. For the foregoing reasons, appeal is accepted. The impugned order is set aside and the Appellant is reinstated in service. The Respondent shall however, be at liberty to conduct and finalize de novo proceedings against the Appellant if they are so advised strictly in accordance with the provisions of the Ordinance, within four months of receipt of this judgment, in the event of failure to do so within stipulated period, the Appellant shall become entitled to back benefits but the intervening period shall be treated as leave of the kind due. No order as to costs.
7. Copies of the judgment be sent to the parties (under register cover) and to the relevant quarters under rule-21 of the Service Tribunal (Procedural) Rules, 1974.