Law:

Section:

(a) Appeal----------When appeal is filed, the whole matter reopens. (b) General Clauses Act (X of 1897)------ ----S.21---Constitution of Pakistan (1973), Art.199---Constitutional Petition---Locus poenitentiae, principle of---Applicability---Pendency of appeal---Petitioner who had been working in that grade for more than five years was promoted to next grade and thereafter he was demoted to previous grade---Plea raised by petitioner was that he could not be demoted and his promotion could not be withdrawn on the basis of rule of locus poenitentiae---Validity---Order of promotion was under scrutiny before higher office/official of departmental before whom the representation/appeal was filed and pending, therefore, rule of locus poenitentiae was not applicable to , the case---Rule of locus poenitentiae could be invoked when an order had become final or could be treated as having attained finality and the chapter of it was closed due to non-filing of appeal/revision/review/representation, whichever was applicable---Case of petitioner was not of receding of taken steps but it was a case in which it would be presumed that no decisive steps were taken and the order of promotion had not become final---Rule of locus poenitentiae was not applicable and could not be invoked in case of illegal orders---Order passed by Authorities demoting petitioner was not illegal and was not interfered with by High Court in Constitutional jurisdiction---Petition was dismissed in circumstances. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; Abdul Haque Indhar and others v. Province; of Sindh through Secretary Forest, Fisheries and Livestock Department Karachi and 3 others 2000 SCMR 907; Dilawar Hussain, anothers v. District Co-ordination Officer, Okara, and others 2004 CLC 324 and Akhtar Mehmood v. The Deputy Commissioner, Gujrat and others 2003 PLC (C.S.) 1146 ref. (c) Order----- ----Illegal order---Scope---Order which in illegal, unlawful, based on fraud, void ab initio or passed without jurisdiction cannot create any right to be defended. Shabbir Ahmad Bhutta for Petitioner. Shamshir Iqbal Chughtai for Respondents. ORDER Through…

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