Law: Punjab Civil Servants Act, 1974 

Section: 8(5)

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 8(5) [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005]---Proforma promotion after retirement---Scope---Judgment of Tribunal based on an incorrectly published provision of a statute---Section 8(5) of the Punjab Civil Servants Act, 1974 [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005] provided that a retired civil servant shall not be eligible for grant of promotion; provided that he/she may be considered for grant of proforma promotion as may be prescribed---Therefore, the appellant, who had since retired, was also entitled to be considered for proforma promotion after retirement---Impugned of the Service Tribunal was based on an incorrect exposition of law as a result of adverting to a wrongly published gazette notification from which for the most part the rider enabling and facilitating the proforma promotion in certain cases was missing which was actually in field even at the time of passing the impugned by the Tribunal---Foremost duty in the dispensation of justice was to apply the correct law---Appeal was allowed and the matter was remanded to the Service Tribunal to decide the appeal afresh in accordance with law. (b) Administration of justice--- ----Maxim ‘actus curiae neminem gravabit’---Meaning and scope---Patent and obvious error or oversight on the part of Court in any order or decision may be reviewed sanguine to the renowned legal maxim ‘actus curiae neminem gravabit’ which is a well-settled enunciation and articulation of law expressing that no man should suffer because of the fault of the court or delay in the procedure---Parties should not be made to suffer on account of an act or omission on the part of Court or other State functionaries---Maxim ‘actus curiae neminem gravabit’ is interrelated and intertwined with the state of affairs where the court is under an obligation to reverse the wrong done to a party by the act of Court which is an elementary doctrine and tenet to the system of administration of justice---Court and Tribunal should become conscious and cognizant that as a consequence of their mistake, nobody should become victim…

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