Law: Constitution of Pakistan, 1973

Section: 199,199(3),212

(a) Civil service--- ----Cancellation of appointment orders--- Scope--- Natural justice, principles of--- Applicability--- Locus poenitentiae, principle of---Applicability---Petitioners were posted on their respective places of duties, however after 19/20 days their appointment orders were cancelled---Validity---Petitioners were appointed on merit basis and after performing duties for about 19/20 days they were terminated---Competent Authority for appointment of jail warder was Superintendent who had defended the appointment orders---Impugned cancellation order had been issued on the directive of superior officer---Public functionaries were bound to discharge their functions in accordance with law otherwise action contrary to law would not be sustainable and authority would expose itself for disciplinary action---Appointments of the petitioners had been cancelled in complete negation of the rules and law---Appointing authority was wrong in having blindly obeyed an illegal command---Every person discharging the functions with regard to the rights of the people was bound to do justice, act fairly, justly and in accordance with law---If a person holding a public office had proceeded in violation of law or his acts and conduct amounted to misuse of his official authority, he should be made responsible to law and should be proceeded against for an appropriate action by his superior---Tenets of public service had not only been violated by the public officials but also by political office holders in the present case---Any order affecting the rights of a person had to be made in accordance with the principles of natural justice---Order taking away the rights of a person without complying with the principles of natural justice had been held to be illegal---Person would acquire right to hold the post when after selection an appointment order was issued and for cancelling such appointment giving of notice was a normal rule---Petitioners had been posted at their respective places of duties in pursuance of the appointment order and decisive step had been taken in the case---Power of rescinding the appointment order was available to the government until the decisive step was…

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