mr. justice tassaduq hussain jillani mr. justice nasir-ul-mulk mr ...

CIVIL APPEAL NOs. 39/2010, 1150/2010, 1162/2010, 142-K/2009, 177-
K/2010, 178-K/2010, 228-K/2010, 57-K/2011, 63-K/2011, 65-K/2011, 66-
K/2011, 83-K/2011, 91-K/2011, 135-K/2011, 136-K/2011, 137-K/2011, 188-
K/2011, 232-K/2011, 75-K/2012 AND 82-K/2012
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JUDGMENT
TASSADUQ HUSSAIN JILLANI, J.- This judgment
shall dispose of the above titled appeals as the questions of law
raised are common.
BRIEF FACTS IN APPEALS:
2. In Civil Appeal No. 39/2010 the respondent was
serving as Vice Principal of Pakistan Defence Officers Housing
Authority, Karachi. He was proceeded against departmentally inter
alia on the ground that he violated service discipline by filing a
constitution petition (bearing No. 1276 of 2008) seeking a direction
that he may be ordered to be appointed as Principal. The enquiry
culminated in the award of major penalty of termination of service.
The High Court allowed the constitution petition on the ground
that the order passed was not sustainable as the procedure
prescribed in Removal from Service (Special Powers) Ordinance
2000 [hereinafter referred to as the ‘Ordinance 2000’] had not been
followed.
3. In Civil Appeal Nos. 177-K/2010, 178-K/2010, 65-
K/2011, 66-K/2011, 83-K/2011, 91-K/2011, 135-K/2011 & 232-
K/2011 the respondents are employees of various organizations
which are admittedly under the control of Federal Government.
Those organizations included House Building Finance Corporation,
Port Qasim Authority, Pakistan Steel Mills Corporation (Pvt) Ltd,
S.M.E. Bank and Pakistan International Airlines Corporation.
Respondents were proceeded against under the Ordinance, 2000
and awarded major penalties. Some of them initially approached