Law:

Section:

Civil Servants Act (LXXI of 1973)-------Ss. 5 & 11---Service Tribunals Act (LXX of 1973), S.4---Appointment----Termination of service---Appeal---Principle of locus poenitentiae---Application of---Appointment of appellant as A.S.P., was neither challenged nor made contingent upon any future development---Appointment letter issued to appellant was indicative of the fact that there was no protest from any official quarter including Federal Public Service Commission against his appointment---Appellant was allowed to complete his training and qualify Final Passing Out Examination conducted by Federal Public Service Commission---Nobody had challenged his appointment. and he continued to serve from 14-7-2003 to 31-3-2005, when he was terminated regardless of the principle of locus poenitentiae and due to none of his fault---Invoking the Principle of Locus Poenitentiae and having got a vested right in continuing with the job on the strength of established law in terms of dictum laid down vide 2003 SCMR 1128, appointment was perfectly in order and had been so declared and endorsed emphatically by both Law Division and the Attorney-General---Termination of appellant, in circumstances was ab initio illegal and devoid of justice in violation of principle of locus poenitentiae---Termination order was set aside with direction to authorities to reinstate appellant with effect from the, date of impugned order with all consequential benefits, subject to an affidavit by appellant to the effect that he was not gainfully employed during the intervening period. 2005 SCMR 57; 1996 SCMR 413; PLD 1992 SC 207; 1999 SCMR 1004; 1997 SCMR 15; 1996 SCMR 1413; 1990 SCMR 414; 1994 SCMR 2232 and 2003 SCMR 1128 ref. Abdul Rahim Bhatti for Appellant. Ehsanul Haq for Respondents with D.Rs. Mehboob Alam, Deputy Secretary, Abdul Hakeem Rahi, Section Officer, Establishment Division and Amin Tahir, Assistant Director, F. P.S.C. Date of hearing: 21st February, 2007. JUDGMENT CH. MUHAMMAD ILYAS (MEMBER).--- The services of the appellant were terminated vide the impugned order, dated 31-3-2005. He filed a departmental appeal on 13-4-2005 which was not responded to within the statutory period.…

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