FALAK SHER, J.- Petitioner having been charge- sheeted on 13.1.2001 under the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999 on the charges of corruption and corrupt practices engulfing the following:-- "Charge-sheet was issued on 13.1.2001 containing the allegations that during his tenure as Secretary, Market Committee, Samundari he constructed Gada Khana in which substandard material was used and in this way, the appellant misappropriated lacs of rupees belonging to the Market Committee, lt was also alleged that the appellant took loan of Rs. 20,000/- from the Market Committee, but repaid only small amount over the years, lt was further alleged that the appellant failed to pay rent of the house, to the Market Committee, he purchased jeep worth Rs. 2,21,340/- without approval of the Government and misused the same, purchased Nissan diesel vehicle worth Rs. 3,41,000/- which as given by the appellant to private persons not connected with the Market Committee, purchased a Land Cruiser worth more than a million 'and the same was misused by the appellant and some others not connected with the Market Committee, he changed the record of Market Committee, Faisalabad, got registered plot in the name of another firm, received heavy illegal gratification in the registration of another plot, misappropriated money for construction of culverts which were constructed only on papers, got grae-17 while he was not eligible being on F.A.
Paid more than Rs. 790 lacs on various development works in 1993, in Multan Market Committee which he was under transfer and also misappropriated money in the Market Committee. There were also allegations of living beyond means, irregular appointments and corruption.
Relating into reduction in rank and recovery of Rs. 4,49,227/- on 8.1.2003, after exhausting departmental remedy preferred appeal before the Punjab Service Tribunal which was dismissed vide the impugned judgment dated 20.7.2005 due to lack of jurisdiction since the Rules under which the petitioner was charge-sheeted did not perceive any appeal before the Tribunal.
2. Aggrieved whereby captioned petition for leave to appeal was preferred, during the course of hearing whereof it transpired that when the petitioner was charge- sheeted the Punjab Removal from Service (Special Powers) Ordinance. 2000 held the field having been promulgated on 18th September, 2000, thus the petitioner should have been proceeded against only under the Ordinance ibid and the entire exercise was a coram non judice.
3. Consequently, granting the petition, converting the same into appeal is allowed and setting aside the proceedings eventually culminating into the impugned judgment the case is remanded to the Authority for proceeding afresh under the Ordinance ibid in accordance with law.