1. Through this petition, petitioner Syed Aijaz Hussain Shah, who was removed from service by respondents Nos. 2 and 3 vide Notification dated 28.9.2006 in exercise of powers under the provisions of Removal from Service (Special Powers) Ordinance, XVII of 2000, has challenged such action of the respondents, In paragraph seven of the petition, he has also stated about filing of the Departmental Appeal/Representation before the Chairman of PTCL which has not yet been decided by him.
2. At the outset, Mr. Sanaullah Noor Ghouri, learned counsel for the Respondents, has made reference to the parawise comments submitted on behalf of the Respondents to show that the remedy of appeal under Section 10 of the Ordinance (ibid) available to the petitioner was an adequate and proper remedy for the petitioner against the removal from service under the provisions of such special statute, therefore, this petition is incompetent. He has further made reference to paragraph 7 of the comments to show that the petitioner has submitted appeal before the. Secretary I.T.
3. Ministry of I.T.&TV Islamabad which is yet to be decided by the said Secretary'.
4. In support of his arguments that in the given circumstances when adequate and 'proper remedy is available to the petitioner under Section 10 of the said Ordinance before the Service Tribunal and this petition is not maintainable, he has placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Anwar Pervez v. Chairman, Board of Intermediate & Secondary Education, Abbottabad (2005 SCM R 1603).
5. Keeping in view the clear language of Section 10 of the Removal from Service (Special Powers)
6. Ordinance, 2000 and the dictum laid down by the Hon'ble Supreme Court in the above-referred case, we dismiss this petition with the observation that in case the petitioner has availed the remedy under Section 10 of the Ordinance (ibid), he may pursue the same or he may avail it now, but strictly in accordance with law.