The petitioner is aggrieved of the order dated 11.10.2007 passed by the Chairman Security Exchange Commission of Pakistan under Section 3 of the Removal From Service (Special Powers) Ordinance, 2000 whereby the petitioner was dismissed from service. The learned counsel for the petitioner submits that the impugned order is passed by an incompetent authority because the appointing authority of the petitioner is Security Exchange Commission of Pakistan and not the Chairman alone and it is well settled law that the dismissal order should have also been passed by the Commission who comprise of certain other Members in addition to the Chairman. Further submits that the entire controversy revolves around malafide and discrimination and being a violative of specific provisions of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner is entitled for the relief claimed for.
2. The learned counsel for the respondents submits that the writ petition is not competent and the petitioner is amenable to the jurisdiction of Federal Service Tribunal.
3. Arguments heard; record perused.
4. Without going into the merits and demerits of the case the point of jurisdiction is to be decided first.
5. In that respect Section 10 of the Removal From Service (Special Powers) Ordinance, 2000 is sufficient which is reproduced as under:-- "Appeal.--Notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order under Section 9 may, within thirty days of the order, prefer an appeal to the Federal Service Tribunal established under the Service Tribunals Act, 1973 (LXX of 1973)."
The provisions of Removal From Service (Special Powers) Ordinance, 2000 are much clear and the record reveals that the petitioner was made a subject of the provisions of the Ordinance ibid and even the learned counsel for the respondents submits in so many words that petitioner's remedy lies before the Federal Service Tribunal; the instant writ petition being not maintainable is accordingly dismissed. However, the petitioner may approach the Service Tribunal for the redressal of her grievance if she so desires.