Law: Constitution of Pakistan, 1973

Section: 199

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 21

Law: General Clauses Act, 1897

Section:

Summary  The petitioners challenged the withdrawal of their promotion notification to BS-19, arguing that after the promotion notification dated 19.05.2020 was issued and they assumed charge on 20.05.2020, they had acquired vested rights and the respondents could not withdraw the promotion under the doctrine of locus poenitentiae. The High Court dismissed the petition, holding that a Departmental Selection Board (DSB) only makes recommendations and its recommendation does not itself create a vested right to promotion unless the required approval of the competent authority is obtained. Mere eligibility, suitability, recommendation, or assumption of charge cannot create an enforceable right where the promotion order itself was issued without mandatory approval. The doctrine of locus poenitentiae protects a validly completed administrative decision after rights have accrued, but it cannot be used to preserve an illegal or unauthorized order. Relying on PLD 1992 SC 207, the Court held that no perpetual right can arise from an illegal order. Therefore, withdrawal of the defective promotion notification was lawful, and the constitutional petition was dismissed. The Court also directed the competent authority to examine whether the officer(s) responsible for issuing the unauthorized promotion notification should face disciplinary proceedings. Tagline “No vested right can arise from an unauthorized promotion order; locus poenitentiae cannot validate an illegal act.” SHAHRUKH ARJUMAND, J.   Through                                                                         the instant constitutional petition, the petitioners have impugned the order dated 21.05.2020, issued by the Ministry of Overseas Pakistanis and Human Resource Development ("OP&HRD"), whereby the notification…