Law:

Section:

(a) Pakistan Agricultural Research Council Ordinance (XXXVII of 1981)--- ----Preamble---Employee of statutory body not a Government servant--­Specific column of application form submitted by petitioner to respondent department was intended to supply information whether he had been dismissed or removed from Government service---Petitioner being employee of statutory body had written in such specific column as not applicable-- -Such information would come within purview of misrepresentation or false statement only, if petitioner had been in service of Provincial or Federal Government--­Petitioner had thus, made no misrepresentation/concealment of fact of his services having been terminated at relevant time i.e. at the time of filing of his application form---Petitioner even otherwise was reinstated with retrospective effect; his period of absence was treated to be extraordinary leave without pay and allowances---Effect of reinstatement with retrospective effect would be as if petitioner was never terminated from service of statutory body---Respondent department initially recommending petitioner's appointment to post advertised by it and latter recalling such recommendation on ground of withholding information relating to his termination of service at relevant time---Effect. Reading of the application alongwith admitted facts of the case, would show that the petitioner did not make any misrepresentation in relevant column. The mere fact that his services wire initially terminated by the respondent Council on erroneous assumption of fact, but later he was reinstated in service with retrospective effect would not lead to the conclusion that incorrect information supplied by him against specific column would tantamount to misrepresentation/concealment of material facts. In any event, the order of termination was since vacated with retrospective effect by the competent Authority before the recommendation was made by the Commission, the misrepresentation had not materially affected the merits of the case and was of in substantial character having regard to the facts and circumstances of the case. The petitioner was admittedly found to be most suitable person on merits…

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