Law:

Section:

(a) Civil Servants (Confirmation) Rules, 1993------------R. 6(2)---Civil Servants Act (LXXI of 1973), S.11(1)(i)---Constitution of Pakistan (1973), Art.212(3)---Supreme Court granted leave to appeal to consider, whether petitioner had acquired a right to revert to his parent organization having already retained his lien by Competent Authority or whether in view of R.6(2) of Civil Servants (Confirmation) Rules, 1993 read with cl. (i) of subsection (i) of S.11 of Civil Servants Act, 1973, he had ceased to hold the lien. (b) Civil Servants (Confirmation) Rules, 1993--- ----R. 6(2)(3)(4)---Civil Servants Act (LXXI of 1973), S.11(1)(i)--­Government Servants (Efficiency and Discipline) Rules, 1973, RA(1)(b)(iv)­--Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Termination of service during subsistence of lien period---Civil servant joined other Organization after obtaining prior approval of Competent Authority of his parent department for retaining his lien for two years vide order dated 7-5-1996---Civil servant after termination of his services by other Organization submitted joining report to his parent department on 4-2-1998, which remained pending for 3-1/2.rnonths; whereafter his services were terminated vide order dated 13-5-1998 w.e.f. 7-5-1996 i.e. the date on which he was relieved to join other Organization--­Service Tribunal dismissed the appeal of civil. servant relying on R.6(2) of Civil Servants (Confirmation) Rules, 1993---Validity---Termination order could not be issued with retrospective effect unless Competent Authority was expressly empowered in this regard by some statute or rules made thereunder---Termination order dated 13-5-1998 was vague, wherein no specific rule of Civil Servants (Confirmation) Rules, 1993 had been mentioned on the basis whereof services of civil servant were terminated---Removal of civil servant with retrospective effect was unlawful---Civil servant had submitted joining report to parent department on 4-2-1998 i.e. within a period of two years for which his lien was retained--­Civil servant had never been absorbed permanently in other Organization, thus, his lien could not be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492