Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil service--- ----Re-instatement, matter of---Res judicata---Past and closed transaction---Re-opening of a case in violation of of the Supreme Court---Respondent was appointed in the Income Tax Department in the year 1994 on the recommendation of the Prime Minister Secretariat---Respondent was removed from service on 15.1.2003 for failure to produce his Bachelor Degree which was a condition of eligibility for appointment to his post---Respondent's recourse to departmental authorities, the Federal Service Tribunal and the Supreme Court failed to find any favour in the matter of his re-instatement---Supreme Court in its held that the respondent without having the requisite qualification for the post, obtained appointment in an improper manner and consequently no right could be created in his favour to retain an illegal gain by mere efflux of time---Judgment of Supreme Court attained finality and thereafter the matter became a past and closed transaction inter se the parties to the lis---Again on the initiative of the Prime Minister Secretariat in the year 2008, case of respondent was re-opened and he was reinstated in service---After remaining in service for some 2 years the respondent was informed in the year 2012 that he stood removed from service by restoration of the erstwhile penalty imposed on him on 15.1.2003---Federal Service Tribunal granted the respondent a right of de novo inquiry---Legality---Question was as to how the executive authorities could re-open a case after it had been decided finally by a of the Supreme Court delivered inter parties in the respondent's case---Further action in the matter was barred by res judicata and the doctrine of past and closed transaction---Federal Service Tribunal's order for de novo inquiry was set aside in circumstances---Appeal was allowed accordingly. Sajjad Ahmed Javed Bhatti v. Secretary, Establishment Division, Islamabad and others 1996 SCMR 628 distinguished. THIS ORDER PASSED BY: UMAR ATA BANDIAL, J.--- The respondent was appointed as Inspector in the Income Tax Department on 27.10.1994 along with ten other persons who had been recommended by the Prime Minister Secretariat vide letter dated 28.9.1994.…

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