Law:

Section:

Civil service-------Re-instatement through illegal order---Civil servant was dismissed earlier from service on charge of defalcation which charge was successfully proved against him---Proceedings against civil servant were properly conducted and he was rightly dismissed from service---Civil servant did not agitate his dismissal before any Competent Authority/forum, but after four years of his dismissal he was re-instated in service by order of Chairman of the Authority who was also a Minister---Said re-instatement was mala fide, incompetent, capricious, perverse having no sanction of law, was in excess of jurisdiction, in derogation of settled rules and principles of law, against public policy and also against interest of public authority and trust---Order of re-instatement of civil servant incompetently passed by Minister, was rightly withdrawn by Authority and penalty of dismissal imposed on civil servant was rightly maintained---Contention of civil servant that after his re-instatement a vested right had been created and that subsequent action against him was without legal sanction and not maintainable under principles of locus poenitentiae was repelled because withdrawal of illegal order of Chairman/Minister would not provide .any right to civil servant as the wrong earlier done, had been rectified subsequently by judicious action PLD 1969 SC 406; 1997 SCMR 15; 1999 PLC (C.S.) 106; 1999 PLC (C.S.) 1160; 2000 PLC (C.S.) 349; 1984 CLC 2782; 1985 PLC (C.S.) 711; 1996 SCMR 856; 1984 PLC (C.S.) 238; 1993 SCMR 1440; 1997 SCMR 1543 and 1996 PLC (C.S.) 868 ref. Shabbir Ahmed Awan for Appellant. Muhammad Moosa Leghari for Respondents. Date of hearing: 5th May, 2000. JUDGMENT ABDUL RASHEED MEMON (MEMBER-II).---The appellant came before the Tribunal after being aggrieved by the order of his dismissal on 9-4-1999 received by him on 14-4-1999 whereby his earlier re­instatement was withdrawn and he was dismissed from service with the following facts. His departmental appeal had also been turned down. Facts of the case are that the appellant was appointed as Store Keeper to Sindh Agricultural Supplies Organization but subsequently re­named as Sales Inspector. The…

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