Essential Requirement to Invoke the Law Reforms Ordinance
What is the essential requirement to invoke the proviso to Section 3(2) of the Law Reforms Ordinance 1972?
The relevant law in this case is Section 38 of the International Islamic University Ordinance, 1985, which provides for the remedy of appeal or review before the Board of Governors against any order punishing a teacher or other employees of the university. The Respondents admittedly availed the remedy of appeal provided against the original order by the Board of Governors in terms of Section 38 of International Islamic University Ordinance, 1985. Consequently, the proviso to Section 3(2) of the Law Reforms Ordinance creates a bar on the remedy of appeal. As per the dicta of Supreme Court, the essential requirement to invoke the proviso to Section 3(2) of the Law Reforms Ordinance is to see whether the remedy of at least one appeal, review or revision is available under the law against the original order, in the proceedings in which the law is applicable to decide the ICA on merit. The law must prescribe for the remedy of appeal, review or revision, and if so Section 3(2) of the Law Reforms Ordinance will be applicable, notwithstanding whether that remedy is available to the person filing the ICA.
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