Law:

Section:

Per Salahuddin Chaudhri, Member. Syed Ally Madad Shah, Chairman agreeing (a) Federal Investigation Agency (Appointment, promotion and Transfer) A Rules, 1975-- ---R. 11--Civil Servants (Appointment, Promotion and Transfer) Rules 1973, R. 6--General Clauses Act (X of 1897), S. 21--Illegal appointment--Competent authority empowered to vary or rescind such appointment--Prime Minister is the appointing authority in the case of appointments to Grade 17--Civil servant's appointment to Grade 17, with effect from specified date having not received the approval of Prime Minister or by any designated authority, notification issued b the concerned Ministry, appointing civil servant in Grade 17 was patently wrong, illegal and without jurisdiction--Competent Authority by exercise of powers vested in it under S. 21, General Clauses Act, 1897 would have power to vary or rescind the notification of such appointment. P L D 1964 S C 503; Lt: Col. G.L. Battacharya v. The State, the Chief Secretary to Government of East Pakistan and others P L D 1969 S C 407; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi P L D 1985 Azad J & K 17 and Syed Muneeb Nazir Shah v. Azad Kashmir Government through its Chief Secretary and another P L D 1956 F C 46 ref. Per Salahuddin Chaudhri, Member- (b) Civil service-- - Charge report merely a part of accounting procedure not a step that could confer any vested right on the civil servant in the context of his appointment nor for that matter it could validate any illegal order. Shahbaz v. Crown P L D 1956 F C 46 ref. Per Syed Ally Madad Shah, Chairman (c) Locus poenitentiae-- ---Principle of -- Application -- Principle of locus poenitentiae would extend to the orders made in exercise of powers vesting in the authorities passing them and not to the orders which were made by the authorities not competent to make them. A I R 1937 27; Shahbaz v. The Crown P L D 1956 F C 46; Lt.-Col. G.L. Battacharya v. The State P L D 1964 S C 503; Pakistan v. Muhammad Himayatullah Farukhi P L D 1969 S C 407; State v. Muhammad Ismail and another 1980 S C M R 268; Muhammad Aslam v. Vice-Chancellor, Gomal University P L D 1980 Pesh.…

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