QAZI MUHAMMAD HUSSAIN SIDDIQUI, MEMBER -- Advocates for the parties are present. We have heard both of them and perused the record of the case.
2. The Removal from Service (Special Powers) Ordinance, 2000 was promulgated on 27.5.2000.
Under Section 11 of the said Ordinance, all disciplinary proceedings against civil servants have to be taken under the said Ordinance, which over-rides all the laws dealing with the disciplinary action against the civil servants. The said section is reproduced as under:-- "11. Ordinance to override other laws. -- The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in the Civil Servants Act, 1973 (LXXI of 1973) and the rules made thereunder and any other law for time being in force."
3. The disciplinary proceedings against the appellant, who had been serving with the respondent- .
Pakistan National Shipping Corporation for about 33 years as Senior Assistant, was initiated vide charge-sheet dated7.4.2003 under Pakistan National Shipping Corporation (Service) Regulations, 1984 and the penalty of dismissal was imposed upon the appellant under the said Regulations.
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 mis-application of law.
5. It is not the case of the respondent-PNSC 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 thejr written comments.
6. We, therefore, allow this appeal, set aside the impugned order of dismissal of the appellant, but, as stated by the learned counsellor the respondent, the appellant has already reached the age of superannuation; hence, he has to be retired on that account during the pendency of this appeal.
No formal order of his retirement has been issued as yet. However, since the appellant has reached the age, of superannuation, we cannot remand this case for de novo disciplinary proceedings against, the appellant under the Removal from Service (Special Powers) Ordinance, 2000, but we order the respondent to pay him the back benefits for the period he was not gainfully employed till he reached the age of superannuation. The payment of back benefits is ordered for the reason that due to illegal action of the respondent, the appellant was rendered jobless.
7. No order as to costs.
8. Announced in open Court.
9. - Copies of this judgment be sent to the parties1 under registered cover and to the relevant quarters as per Rule 21 of the Service Tribunals (Procedure) Rules, 1974.