' MUHAMMAD IQBAL KHAN (MEMBER).--- This appeal is directed against order, dated 13-9-2001 whereby the appellant Qazi Anwar-ul-Haq, Ex-Meter Fixer/Inspector KESC was dismissed from service under sections 3(1)(b) and 3(1)(c) of Removal from Service (Special Powers) Ordinance, 2001.
2. Heard the learned counsel for the parties concerned and perused the record.
3. Both the counsel representing the appellant as well as the respondent-Department conceded that the appeal under consideration is identical to the Appeals Nos.1662 and 1663(K)(C.E.) of 2001 and pertains to the same incident, which was decided by the Tribunal on 24-2-2004 and reported in SBLR 2004 Tribunal 1996 (Federal Service Tribunal).
4. The relevant portion of the above cited judgment reads as under:-- "7. In view of the above defects in the proceedings, we are left with no alternative but to set aside the impugned order, dated 13-92001 and reinstate the appellants from the date of their dismissal.
Respondents are directed to conduct de novo disciplinary proceedings against the appellants strictly in the light of the provisions of Removal from Service (Special Powers) Ordinance, 2000 and provide full opportunity to the appellants to defend the allegations. These proceedings should be completed within a period of four months from the date of this judgment and the question of back-benefits will be determined on the outcome of the de novo proceedings."
5. In view of the identical position of the appeal as decided in the case-law (ibid), the impugned order, dated 13-9-2001 is set aside and the appellant is reinstated from the date of his dismissal.
The respondents are directed to conduct fresh disciplinary proceedings against the appellant in accordance with the provisions of Removal from Service (Special Powers) Ordinance, 2000 and provide full opportunity to the appellants to defend the allegations. The disciplinary proceedings will be completed 'within the period of 4 months from the date of this order and 'the question of back benefits shall depend upon the outcome of the fresh proceedings.
6. No order as to costs. Parties be informed.