Law: General Clauses Act, 1897

Section: 21

(a) General Clauses Act (X of 1897)--- ----S.21---Civil service---Leave---Leave withdrawal after action taken---Locus poenitentiae---Scope---Petitioner, a teacher, applied for and was granted extraordinary leave to pursue higher education abroad for 730 days---However, upon returning and approaching the respondents, they informed him that the leave had been withdrawn through vide impugned order---Respondents argued that the petitioner was not entitled to the leave as he was appointed on a contract basis for one year---Validity---Before the petitioner had acted upon the leave sanctioning order, the competent authority could have rescinded it---However, once the petitioner had taken a decisive step by leaving his duty and proceeding abroad for higher studies, the principle of locus poenitentiae prevented the competent authority from withdrawing the leave sanctioning order---Impugned order was set aside---Since the contract period of the petitioners colleagues had already been extended by the competent authority during the intervening period, the petitioner was also entitled to the same relief of an extension of his service---Constitutional petition was allowed accordingly. (b) General Clauses Act (X of 1897)--- ----S.21---Power to make to include power to add to, amend, vary or rescind, orders, rules or bye laws---Scope---Competent authority who has passed a lawful order can rescind, alter or withdraw the same unless it has not been acted upon. Inspector General of Police, Quetta and another v. Fida Muhammad and others 2022 SCMR 1583; Province of Punjab through Secretary Finance Lahore and others v. Atta Muhammad Zafar and others 2021 SCMR 1195; Shakeel Ahmad Zaidi and others v. Secretary Education, Higher Education, Government of Punjab Lahore and others 2021 SCMR 474; Contempt Proceedings against Chief Secretary Sindh and others case 2013 SCMR 1752; Secretary Ministry of Finance v. Muhammad Hamatullah Farooqi PLD 1969 SC 407 and Executive District Officer (Education) Rawalpindi v. Muhammad Younas 2007 SCMR 1835 rel. Jalal-ud-Dins case PLD 1992 SC 207 ref. (c) Locus poenitentiae principle of--- ----Principle of locus poenitentiae will not come into play where…

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