Law: Constitution of Pakistan, 1973

Section: 4,9,10-A,199

(a) Constitution of Pakistan--- --------Arts. 199, 4, 9 & 10-A---Constitutional petition---Civil service---Repatriation of employee to his parent department after absorption in the new department---Effect---Show cause notice, issuance of---Maxim: Audi alteram partem---Applicability---Locus poenitentiae, principle of---Applicability---Petitioner was repatriated to his parent department after absorption in the new department---Contention of petitioner was that neither any show cause notice was issued nor any opportunity of hearing had been provided to him---Validity---Order of absorption had been made on the recommendation of a committee constituted by the concerned department---Petitioner no more remained to be on the roll of his parent department---Petitioner had become the employee of respondent department---No reason had been given as to why the initial order of absorption was declared null and void---Petitioner has been left in lurch as he could not be repatriated to his parent department being no more in their service---Valuable right had accrued in favour of petitioner and he did deserve an opportunity of hearing prior to recall of order of his absorption---Department was bound to issue a show cause notice and pass any order with reasons after affording an opportunity of hearing---Act of not affording an opportunity of hearing would mitigate the concept of natural justice and fair play---Impugned order was not sustainable on the ground of condemning the petitioner unheard---Mere declaration with regard to an order being null and void would not suffice and the same could not take any valuable right---Impugned order was against the principle of natural justice, fair play and in violation of Arts.4, 9 & 10-A of the Constitution---Constitutional petition was accepted in circumstances. (b) Maxim--- --------"Audi alteram partem"---Exceptions. Justice Khurshid Anwar Bhinder v. Federation of Pakistan and another PLD 2010 S.C. 483 and Gen. (R.) Parvez Musharraf v. Nadeem Ahmed (Advocate) and another PLD 2014 SC 585 rel. (c) Locus poenitentiae, principle of--- --------Applicability---Scope---Principle of locus poenitentiae was not to harbor or perpetuate a…

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