RASHID ALI MIRZA, MEMBER--- This is an appeal against the order dated 13.11.2002 whereby appellant was imposed penalty of dismissal from service. His departmental appeal dated 3.12.2002 remained unreplied, hence this appeal.
2. At the outset learned counsel for the appellant has pointed out that the main ground on which the impugned order has been assailed is that the disciplinary proceedings were initiated under Rule 5(IV) of Pakistan WAPDA Employees (E&D) Rules, 1978. The show-cause notice was issued to the appellant on 11.6.2002.
3. A plain reading of the above provisions of law makes it evident that after the commencement of the Ordinance all new proceedings were 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 2 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 Rule 5(IV) of Pakistan WAPDA Employees (E&D) Rules, 1978, 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 Rule 5(IV) of Pakistan WAPDA Employees (E&D) Rules, 1978 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 case is remanded to the respondents for holding de novo disciplinary proceedings against the appellant on The basis of same show-cause notice strictly in accordance with the provisions of the Ordinance. The enquiry be initiated and completed within four months of receipt of this judgment. The question of back benefits shall depend upon the outcome of that enquiry.
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.