Law:

Section:

Punjab Civil. Servants (Efficiency and Discipline) Rules, 1975-- ---R. 4(i)(b)(iii)--West Pakistan Agriculture Department Delegation of Powers Rules, 1962--Removal--Principle 'animus revertendi and locus poenitentia'--Services of civil servant terminated by competent authority but in appeal order was set aside and civil servant re-instated--Appellate authority reviewing case of civil servant on same charge, passing order of termination--Held, predecessor appellate authority has utilized and exhausted its authority under Delegation of Powers Rules, 1962 and in view of principle 'animus revertendi and locus poenitentia' succeeding appellate authority cannot recall earlier re-instatement order, especially when it has been acted upon and civil servant is very much in service--Such an order, held further, being unlawful void ab initio and without merit, set aside, in circumstances. Raja Muhammad Nawaz v. Government of Punjab 1981 S C M R 523 for. Faiz Muhammad Sadiq for Appellant. A.G. Humayun, District Attorney for Respondents JUDGMENT Haji Abdul Rehman, has made this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Director-General (Fields) Agriculture Department, Lahore and Director Soil Conservation, Punjab Rawalpindi, as Respondents. 2. By virtue of this appeal it has been prayed by the appellant that the impugned order, dated 12-7-1982, bearing No. 193, terminating the services of the appellant be set aside with all back benefits. 3. Brief facts of the case are that the appellant was working as Assistant in the Office of Director, Soil Conservation, Punjab, Rawalpindi, when he applied for leave and then proceeded to avail the same w. e. f. 11-2-1978. His services were terminated w. e. f. 11-2-1978 vide Office Order No. 202, dated 28-6-1978, on account of wilful absence from duty by Rana Mushtaq Ahmad, Director Soil Conservation. On an appeal, the appellant was re-instated and taken back on duty vide office order No. 138, dated 26-4-1980, by Mr. Muhammad Ali Bajwa, Director Soil Conservation, by treating the period of absence from duty as leave without pay and was also warned not to avail such leave without sanction…

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