Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4(1)(b)

Law: Constitution of Pakistan, 1973

Section: 199,212

Law: Punjab Public Service Commission Regulations, 2016

Section: 25,26,63

Law: General Clauses Act, 1897

Section: 21

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S.4(1)(b)---Constitution of Pakistan, Arts. 199 212---Constitutional petition---Maintainability---High Court, jurisdiction of---Petitioners were terminated for a fault on the part of Punjab Public Service Commission (PPSC) during conduct of recruitment examination, which was prior to the issuance of appointment letter---Effect---Such termination could not be construed to have any relation with terms and conditions of petitioners service---Fault or consequent withdrawal by PPSC did not accrue during service after appointment letter---Such disciplinary matter had no nexus with service---Appeal under S.4(1)(b) of Punjab Service Tribunals Act, 1974, against termination order in question did not lie before Service Tribunal---Termination on withdrawal of recommendation by PPSC, squarely fell within the phrase fitness or otherwise of a person---Termination in question did not involve terms and conditions of service after appointment nor disciplinary proceeding during service was in question---Bar of jurisdiction, under Art. 212 of the Constitution, was not attracted merely because petitioners were civil servants---Constitutional petition was maintainable in circumstances. Dr. Ahmad Salman Waris, Assistant Professor Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382 and Abdul Khaliq Mandokhel and 2 others v. Chairman, Balochistan Public Service Commission and another 2016 PLC (C.S.) 1184 rel. (b) Punjab Public Service Commission Regulations, 2016--- ----Reglns. 25, 26 63---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan Art. 199---Constitutional petition---Restoration in service---Withdrawal of recommendation by Service Commission---Locus poenitentiae, principle of---Applicability---Petitioners were terminated from service as recommendations for their appointment by Punjab Public Service Commission (PPSC) were withdrawn on the allegation of use of unfair means during written test---Validity---Reason for withdrawal was neither an error or omission, but was an apprehension of using unfair means, which were not probed or inquired by PPSC, under Regln. 25 of Punjab Public Service…

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