Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 6(3)---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art.212(3) --Removal from service---Principle of locus poenitentiae---Applicability---Civil servant was Matric by qualification and was appointed as PTC teacher---Academic qualification was enhanced for appointment as PTC teacher from Matric with PTC to that of FA / FSc with PTC prior to the advertisement in newspaper for the post---Inadvertent omission regarding qualification appearing in the advertisement made in the newspaper was rectified by means of another advertisement published in newspapers making it abundantly clear that the prescribed qualification for PTC teacher would be FA and not Matric---Civil servant was appointed as such but he was removed from service after departmental proceedings under R.6(3) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- Appeal against the removal was dismissed by Service Tribunal---Plea raised by the civil servant was that after having appointed, the service of the civil servant could not have been terminated on the principle of locus poenitentiae---Validity---Principle of locus poenitentiae could only be pressed into service to protect the legal rights based on lawful orders---Principle of locus poenitentiae was available to the Government or relevant authorities which were competent to make order and had power to undo it but such order could not be withdrawn or rescinded once it had taken legal effect and had created certain rights in favour of any individual---Civil servant could not be held guilty for misconduct because the wrong publication at first instance was made by the department itself---Civil servant was not guilty of misconduct and the petition was converted into appeal and penalty of removal from service imposed pursuant to the disciplinary action under R.6(3) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, was converted to that of termination simpliciter from service due to lack of qualification---Appeal was disposed of accordingly. Director-General v. Muhammad Abdul Latif 2003 SCMR 410; Pakistan v. Muhammad Himayatullah…

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