Law:

Section:

Civil Services- -- Locus poenitentiae-Power of receding available to authority making an order till a decisive step is taken-Order could validity be cancelled provided not yet acted upon - Police Constable dismissed from service by Superintendent of Police (Punishing authority)-Appeal rejected by D. I.-G. of Police-D. I.-G. sub­sequently without any power of review reviewing own appellate order and passing order for reinstatement--Reinstatement not yet made-Reinstatement order subsequently cancelled by D. I.-G. of Police-Reinstatement order having not been acted upon cancella­tion of such void order, in circumstances, held, not legally ob­jectionable-General Clauses Act (X of 1897), S. 21. Naimatullah Qureshi for Appellants. Hasan Akbar, Asstt. A -G. for Respondents. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-Ex-Constable Muhammad Nawaz has filed this service appeal against an order of dismissal from service passed by the Superintendent of Police, Jacobabad and maintained by the D. I.-G. and I.-G. P. The facts in brief are that the appellant was served with show-cause notices for the allegation of dealing in country liquor. He was also prosecuted in respect of these offences, though, he got acquitted for want of sufficient evidence. By an order, dated 28th June, 1978 the appellant was dismissed from service by Superintendent of Police, Jacobabad, as it was proved that the appellant was a habitual absentee and he dealt in the business of illicit liquor. He was found to be a criminal, though, serving in the Police Department and he was accordingly dismissed from service with effect from 28th June, 1978. The appellant preferred an appeal to the D. I.-G. but the appeal was dismissed by an order, dated 17th January, 1979 on the ground that the appellant was a criminal and, therefore, unfit for the Police Department. Appellant made a review application to the D. I.-G. which was accepted by an order dated 17th January, 1980 and the appellant was ordered to be reinstated in service. This order was, however, subsequently cancelled on 6th February, 1980 on the ground that the appellant was reported to be a criminal and he was unfit to be retained in…

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