| Citation(s) |
|---|
| 2005 SLG 836 2005 SLD 836 2005 PLC 189 |
Service Tribunal, Sindh
Appeal No.26 of 2000, decision dated: 24-07-2003.
JUSTICE (RED.) ABDUL GHANI SHAIKH, CHAIRMAN, YOUSUF ALI MIRZA, MEMBER-I AND NUR AHMAD SHAH MEMBER-II
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Appeal No.26 of 2000, decision dated: 24-07-2003.
JUSTICE (RED.) ABDUL GHANI SHAIKH, CHAIRMAN, YOUSUF ALI MIRZA, MEMBER-I AND NUR AHMAD SHAH MEMBER-II
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NAZIR AHMED PANHWAR
VS
GOVERNMENT OF SINDH through CHIEF SECRETARY SINDH, KARACHI and 3 others
Law:
Section:
(a) Sindh Civil Servants Act (XIV of 1973)---------Ss. 5 & 10---Sindh Service Tribunals Act (XV of 1973), S. 4--Posting and transfer---Absorption---Cancellation of---Appeal---Appellant initially was appointed in Sindh Sugar Corporation and when he was holding the charge of General Manager .of a Sugar Mill, he was transferred and posted as Deputy Secretary, Chief Minister Secretariat, on deputation---From there, services of appellant were placed at the disposal of Agriculture Department for his absorption against the Post of Director (Admin) in BS-19 in Sindh Seed Corporation---Absorption having been cancelled appellant had filed appeal against said cancellation---Post of Deputy Secretary to which appellant was transferred and posted on deputation, was post of BPS-18---Absorption of appellant who was in BPS-18, against post of Director (Admin) in BPS-19 in Sindh Seed Corporation could not be in order---Being contrary to rules and principles of good governance, the absorption of appellant was a nullity in the eye of law and could have no legal effect---Any right accrued by a void order was illegal and competent, Authority could at any time, undo it. 1992 PLC (C.S.) 1127; 1992 PLC 299; 1992 PLC (C.S.) 162; PLD 1969 SC 407; 2000 PLC (C.S.) 924; 1996 SCMR 1350; 1996 PLC (C. S.) 312.and 2001 PLC (C.S.) 533 ref. (b) Void order--- ---- Any right accrued by a void order, was no less illegal and competent Authority could undo it at anytime. Ghulam Sarwar Chandio for appellant. Chaudhary Muhammad Iqbal, A.A.G for Respondents. Abdul Shabbir Shaikh for Respondent No.3. Date of hearing: 17th March, 2003. JUDMENT NUR AHMAD SHAH (MEMBER-II)---This is an appeal under section 4 Sindh Service Tribunal Act, 1973. The facts are: The appellant was initially appointed in the Sindh Sugar Corporation on 17-12-1977. He was holding the charge of General Manager Dadu Sugar Mills when he was transferred and posted as Deputy Secretary, Chief Minister Secretariat on deputation on 13-3-1997. From there, his services were placed at the disposal, of Agriculture Department for his absorption against the post of Director (Admn.) in BS-19 Sindh Seed Corporation (SSC) on 24-11-1997. However,…
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