' SYED JAMSHED ALI, J--- Disciplinary proceedings were taken against the respondent, an employee of Agriculture Department of the Punjab Government, vide charge-sheet dated 23-10-2001 issued under section 5 of Punjab Removal from Service (Special Powers) Ordinance (No,IV), 2000, for willful absence from 15-10-1978 to 23-10-2001. He was removed from service vide order, dated 1-12-2001 of the competent Authority. His appeal before the Departmental Appellate Authority was dismissed on 20-12-2001. His appeal before the Punjab Service Tribunal was allowed vide judgment, dated 6- 8-2003 on the sole ground that the wilful absence of the respondent related to the year 1978-79 when the aforesaid Ordinance did not exist and the Efficiency and Discipline Rules were applicable.
Accordingly, the case was remanded to the "Authority" for de novo proceedings.
2. The learned counsel for the petitioner submits that the learned Tribunal did not advert to the relevant provisions of the aforesaid Ordinance in reaching the impugned conclusion which is an error of law apparent on the face of the record and is likely to affect a number of cases. He relied on sections 11, 12 and 13 of Ordinance IV of 2000 in support of his submission. The respondent is in attendance in person who has also been heard. He has relied on the reasoning of the learned Tribunal given in para.4 of the impugned judgment.
3. We have considered the submissions. The relevant provisions to be attended to resolve the controversy are sections 11, 12 and 13 which are reproduced for facility of reference:- "11. Ordinance to override other laws.--- The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in the Punjab Civil Servants Act 1974 (VIII of 1974) and the rules made there under and any other law for time being in force.
12. Proceedings under this Ordinance.--- All proceedings initiated on the commencement of this Ordinance in respect of matters and persons in service provided for in this Ordinance shall be governed by the provisions of this Ordinance and rules made there under: ' Provided that the Provincial Government may, by notification in the official Gazette, exempt any class or classes of employees of a corporation a corporate body, authority, statutory body or other organization or institution set up, established, owned, managed or controlled by it or a body or organization in which it has a controlling share or interest from the provisions of this Ordinance and such class or classes of employees shall, notwithstanding anything contained in this Ordinance, be proceeded against and dealt with under the laws and rules applicable to such employees before the commencement of this Ordinance.
13. Pending proceedings to continue.--- For the removal of doubts, it is hereby provided that all proceedings pending immediately before the commencement of this Ordinance against any person whether in Government service or corporation service under the Punjab Civil Servants Act, 1974 (VIII of 1974) and rules made there under, or any other law or rules, shall continue under the said laws and rules, and as provided there under."
4. While section. 11 has an overriding effect, section 12 leaves no manner of doubt that on the commencement of Ordinance No,IV of 2000, disciplinary proceedings could be initiated only under the provisions of the aforesaid Ordinance. Section 13 of Ordinance IV of 2000 only saves the proceedings pending immediately before commencement of the said Ordinance. It may also be observed that proviso to section 12 was added by Punjab Ordinance No,XI of 2002 promulgated on 28-2-2002 and is not otherwise applicable to the facts of the present case.
5. It may be noted that period of absence of the petitioner relates to partly before and partly after promulgation of Ordinance IV of 2000. Since nobody can claim a vested right in the procedure, the proceedings w ere rightly taken against the petitioner under Ordinance IV of 2000.
6. Accordingly, this petition is converted into appeal and is allowed. Impugned judgment of the learned Punjab Service Tribunal dated 6-8-2003 is set aside with the result that the appeal of the respondent before the learned Tribunal shall be deemed to be pending to be decided afresh in accordance with law within a period of three months. No order as to costs.