| Case ID |
177b8764-7295-4a36-95a8-c730c182c15c |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.220-K of 2005 |
| Decision Date |
Aug 31, 2005 |
| Hearing Date |
|
| Decision |
In this landmark decision, the Supreme Court of Pakistan meticulously reviewed the proceedings initiated under the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, despite the promulgation of the Removal from Service (Special Powers) Sindh Ordinance (IX of 2000), which explicitly overrides previous laws. The Court identified a fundamental error where the disciplinary actions, including the issuance of charge-sheets, departmental enquiries, and penalty impositions, were conducted under the outdated 1973 Rules rather than the newly established Ordinance. This oversight led to the vitiation of the entire proceeding process, rendering the final order of the Sindh Service Tribunal unsustainable under the current legal framework. Consequently, the Supreme Court converted the petition into an appeal, set aside the impugned proceedings and the Tribunal's judgment, and reinstated the petitioner, AZIZULLAH MEMON, into service. The Court also mandated that any future disciplinary actions must comply with the Ordinance, ensuring adherence to the correct legal procedures. This decision underscores the paramount importance of adhering to updated legal statutes and the supremacy of newly enacted ordinances over previously established rules in the governance of civil service matters. |
| Summary |
In the pivotal case of AZIZULLAH MEMON versus PROVINCE OF SINDH and another, the Supreme Court of Pakistan delivered a decisive judgment on August 31, 2005. Central to this case was the interpretation and application of the Removal from Service (Special Powers) Sindh Ordinance (IX of 2000) in contrast to the earlier Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. The petitioner, AZIZULLAH MEMON, challenged the disciplinary actions taken against him, which were processed under the outdated 1973 Rules despite the enactment of the new Ordinance in 2000. The Supreme Court highlighted that the Ordinance explicitly overrides prior laws, including the 1973 Rules, and mandates that all subsequent disciplinary proceedings be conducted under its provisions. The Court found that the Sindh Service Tribunal, along with departmental authorities, failed to recognize this legal hierarchy, resulting in proceedings that were fundamentally flawed due to their basis on superseded regulations. Consequently, the Supreme Court set aside the Tribunal's judgment, converted the petition into an appeal, and reinstated the petitioner. This case underscores the critical importance of adhering to updated legal frameworks and ensuring that new ordinances are properly implemented to govern civil service conduct. The decision not only reinstated the petitioner but also set a precedent for the correct application of legislative changes, reinforcing the judiciary's role in upholding the rule of law and ensuring that administrative actions are legally sound. For legal practitioners and civil servants alike, this case serves as a reminder of the necessity to stay informed about legislative updates and the imperative to apply the most current laws in administrative and disciplinary actions. The Supreme Court's ruling emphasizes the supremacy of newly enacted ordinances over previous regulations, ensuring that justice is administered based on the latest legal standards. This judgment is a significant contribution to Pakistani jurisprudence, particularly in the realm of civil service law, and highlights the judiciary's commitment to maintaining legal integrity and accountability within government institutions. Moreover, the case illustrates the Court's vigilance in preventing procedural misapplications that could undermine the fairness and legitimacy of disciplinary processes. By mandating adherence to the Removal from Service Ordinance, the Supreme Court has reinforced the principles of legal consistency and administrative justice, ensuring that civil servants are subject to clear and updated regulatory standards. This ruling is likely to influence future cases involving administrative law and disciplinary actions, promoting a more transparent and legally robust framework for managing civil service conduct in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Service Tribunal,
Sindh Service Tribunal,
Supreme Court,
Chief Secretary, Government of Sindh,
authorized officer,
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Judges |
RANA BHAGWANDAS,
SAIYED STEED ASHHAD, JJ
|
| Lawyers |
M.M. Aqil Awan, Advocate Supreme Court,
Raja Sher Muhammad Khan, Advocate-on-Record for Petitioner,
Anwar Mansoor Khan, Advocate-General Sindh for Respondents
|
| Petitioners |
AZIZULLAH MEMON
|
| Respondents |
PROVINCE OF SINDH and another
|
| Citations |
2007 SLD 496,
2007 SCMR 229
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Sindh Ordinance (IX of 2000),
Constitution of Pakistan, 1973
|
| Sections |
3,
11,
212(3)
|