JUSTICE (RETD.) GHULAM NABI SOOMRO, CHAIRMAN - Appellant Kazi Abdullah a Food Inspector was proceeded against under the Sindh Civil Servants (E&D) Rules, 1973 and charge-sheeted accordingly on 26.2.2000, on the allegation of corruption and misconduct. The appellant is stated to have submitted his reply to the said charge on 24.3.2000. He is also stated to have made his statement in writing before the Enquiry Officer some time around 24.3.2000, It is pertinent to mention that The Removal from Service '(Special Powers) Sindh Ordinance, 2000, hereinafter to be referred as 'the Ordinance' was enforced with effect from 30.8.2000. It. Seems that the subsequent part of the enquiry against the appellant was switched over to the Provisions of the Ordinance after its promulgation. At the conclusion of the enquiry? As a result, of it, the appellant was dismissed from service vide order dated 10.1.2007, which is impugned in this appeal. The appellant preferred departmental appeal within stipulated period which was rejected by order dated 15.6.2007 (Annexure A-18), where after the appellant filed the appeal before this Tribunal. "
2. The main contention raised in support of the appeal is that the appellant was proceeded against under the Sindh Civil Servants (E&D) Rules, 1973 with framing of charge as aforesaid on 26.4.2000 but after promulgation of the Ordinance, the enquiry was proceeded further under the Provisions of the Ordinance, which was patently illegal and in violation of the judgment of the Honourable Supreme Court. Learned counsel has placed reliance upon the case of Azizullah Memon v. Province of Sindh & another (2007- SCMR-229).
3. It was contended that upon promulgation of the Ordinance, entire proceedings that were conducted under Sindh Civil Servants (E&D) Rule, 1973 had to be recalled and same initiated afresh under the Provisions of the Ordinance, It is therefore, prayed that the appellant's case be remanded to the department for initiation of fresh proceedings under the relevant law.
4. Section 13 of The Removal from Service (Special Powers) Sindh Ordinance, 2000 envisages as under;- "13. 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 Sindh Civil Servants Act, 1973 and rules made there under, or any other law or rules, shall continue under the said laws and rules, and as provided there under."
5. From the above, it is clear that proceedings pending against any person under the Sindh Civil Servants Act, 1973 and the rules made there under, or any other law or rules, prior to the promulgation of the Ordinance, shall continue to be conducted under the said laws and rules and cannot be made subject to the provisions of the Ordinance.
6. In the case referred as 2007 SCM R 229 {Azizullah Memon v. Province of Sindh and others), the Hon'ble Supreme Court at para. 3 of the order has observed as follows:- "3. In the presence of express and specific language employed in the Ordinance neither the departmental authorities nor the Tribunal bothered to notice that after the date of promulgation of the Ordinance all disciplinary proceedings should have been initiated under Ordinance rather than the old Rules enforced in 1973. This Court has already ruled in a number of judgments that this Ordinance bs the overriding effect over all other laws on the subject except in case of proceedings, which were already pending before promulgation of the Ordinance. Since the impugned action was initiated and taken to its logical conclusion under a misconception of law and under a wrong law, it has vitiated the entire proceedings including the final order, which cannot be under the law.
The proceedings as well as final order is, therefore, liable to be set aside."
7. Hence from the above it can safely be concluded that the proceedings pending against any person prior to the promulgation of the Ordinance, shall continue and be concluded under the same law under which they were initiated.
8. Learned AAG has conceded to the prayer raised on behalf of the appellant to the extent of remand of the case, adding that the enquiry initiated under the Sindh Civil Servants (E&D) Rules, 1973 should have been concluded under the same law.
9. In view of the above we are in agreement with the opinion of the learned AAG. Accordingly we hereby set aside the impugned order and remand the case of the appellant to the Departmental Authority to conduct enquiry against the appellant under the law applicable in his case. There shall be no Order as to costs.
10. Appeal stands disposed off.