RASHID ALIMIRZA, MEMBER.- Heard advocates for the parties and perused the record of the case.
2. The disciplinary proceedings against the Appellant who had been serving with the respondents Cantonment Board since 26th March, 1988 were initiated under show-cause notice dated 20.3.2003.
3. The Removal from Service (Special Powers) Ordinance 2000 was promulgated on 27.5.2000.
Under Section 11 of the Ordinance, all disciplinary proceedings against civil servants have to be taken under the said Ordinance, which overrides all the laws dealing with the disciplinary action against the civil servants. Section 11 of the Ordinance is reproduced hereunder:- "11. Ordinance to override other laws.-Then provisions of this Ordinance shall have effect, notwithstanding anything to the contrary contained in the Civil Servants Act, 1973 (LXX1 of 1973), and the rules made thereunder and any other law for time being in force."
4. Since disciplinary proceedings against the Appellant had been initiated and he was punished not in accordance with the Removal from Service (Special Powers) Ordinance, 2000, which was the prevalent law in force at that time, entire disciplinary proceedings against the Appellant were, ab- initio void and nullity in the eyes of law, due to misapplication of law.
5. Lt is not the case of the Respondent-, Cantonment Board that they were exempted from the operation of law; hence, they could not apply their own Regulations for disciplinary proceedings against the Appellant as stated by them in their written comments. The learned Counsel for the Respondents had not disputed this legal position.
6. We, therefore, allow this appeal, set aside the impugned order of dismissal of the Appellant from service, and direct the Respondents to reinstate the Appellant in service. However we order that de novo disciplinary proceedings be initiated against the Appellant and completed within a period of four months from the date of receipt of a copy of this judgment, strictly in accordance with the provisions of Removal from Service (Special Powers) Ordinance, 2000 on the same allegations mentioned in the show-cause notice'. The question of back benefits will depend upon the result of the de novo disciplinary proceedings. No order as to costs.
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6. Copies of the Judgment by sent to the parties (under registered cover) and to the relevant quarters under rule-21 of the Service Tribunal (Procedural) Rules, 1974.