Law:

Section:

Sindh Civil Servants Act (XIV of 1973)-------S. 9---Sindh Service Tribunals Act (XV of 1973), S. 4---Order of promotion---Cancellation of order---Appeal---Appellant serving as Deputy Education Officer in B-17, was duly promoted to the post of Education Officer in B-18 on recommendation of Departmental Promotion Committee and his pay was fixed accordingly, but after about 5-1/2 months of his promotion, his promotion order was cancelled vide Notification without issuing him any show-cause notice and without providing him chance of personal hearing---Appellant was validly and legally promoted to post of Education Officer in B-18 after observing all codal formalities as provided by law---Case of appellant was processed, examined and considered by appropriate Departmental Promotion Committee which thoroughly scrutinized appellant's credentials and other qualification etc. and then recommended his name for said promotion and said recommendation was duly approved by competent Authority---Appellant having acquired valuable and vested right, same could not be taken back/snatched away without issuance of show-cause notice and providing opportunity of hearing, but no said opportunity was provided to appellant---Appellant otherwise being eligible and competent for promotion, his promotion was valid, legal and perfect and was implemented/acted upon---Appellant in circumstances had acquired a legal and valuable right, which under doctrine of "Locus Poenitentiae" could not be snatched away from him---Impugned order which was passed without hearing appellant whose presence was necessary before Authorities concerned, was nullity in the eye of law---Notification/order whereby promotion order was cancelled, was set aside and order of promotion was restored. Pakistan v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; 1995 SCMR 950; 1995 SCMR 1008; 1996 PLC (C.S.) 862; 2000 TD (Service) 168; 2003 SCMR 826; PLD 1990 SC 951; Chief Secretary v. Sher Muhammad Makhdoom PLD 1991 SC 973; Chairman, King Edward University v. Wasif Zamir Ahmed Khan 1997 SCMR 15; Mir Ghulam Ali Khan v. Pakistan 2000 PLC (C.S.) 349; Allandino v. Faqir Muhammad PLD 1969 SC 582 and Mrs. Anisa Rehman v. P.I.A.C.…

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