Law:

Section:

Constitution of Pakistan-------Art. 199---General Clauses Act (X of 1897), S.21---Constitutional petition---Civil service---Appointment---Cancellation/withdrawal of appointment---Petitioner who applied through proper channel, was selected vide appointment order on temporary/contract basis---Petitioner was asked to produce medical/fitness certificate from Superintendent DHQ, which he produced and accordingly he submitted his joining report---Appointment order of the petitioner was cancelled with retrospective effect vide impugned office order issued on the recommendations of Chief Minister and on the same date respondent was appointed on that post---Validity---Withdrawal of order of appointment could not be legitimately maintained as no show-cause notice and opportunity of being heard was ever provided to the petitioner prior to the passing of impugned order---Principle of audi alteram partem would be attracted to the case of petitioner---Authority, under the principle of locus poenitentiae was competent to pass an order and get the same rescinded, but when an order had been passed and it had taken legal effect, then notwithstanding the power available under S.21 of General Clauses Act, 1897 same could not be withdrawn, unless and until it was established that the order was obtained by practising fraud or misrepresentation---In the present case, petitioner applied for the post concerned, was selected, appointed and order was communicated to the petitioner in consequence whereof he joined---Such order of appointment, which had taken legal effect, was not amenable to withdrawal---Any action taken, proceedings done and order made to the detriment of rights of the petitioner was without lawful authority and of no legal effect---Order of withdrawal of appointment of the petitioner and subsequent appointment of respondent were not only tainted with mala fide, but were without jurisdiction and lawful authority and were of no legal effect---Order of appointment of the petitioner was restored by High Court and he was reinstated with full back-benefits and wages, in circumstances. Muhammad Ayub for Petitioner. Muhammad Nawaz Khan, A.A.-G. for Respondent. Shad Muhammad…

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