Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 2,2(b)

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Locus Poenitentiae----Principle of---Concept---Applicability---Scope---Concept of locus poenitentiae is a power to recede till a decisive step is taken but it is not a principle of law that order once passed becomes irrevocable and a past' and closed transaction---If the order was illegal then perpetual right could not be gained on the basis of such an illegal order---Principle of locus poenitentiae can be invoked only in respect of an order which is legal and not in respect of an order which is contrary to and in contravention of any provision of law or the rules made thereunder or a settled provision of law---Said principle would be applicable in respect of an order passed by an authority who was competent to pass an order in accordance with law and the order so passed was not in violation or contravention of any law and/or rules made thereunder. The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207 and Abdul Haque Indhar and others v. Province of Sindh through Secretary Forest, Fisheries and Livestock Department, Karachi and 3 others 2000 SCMR 907 ref. (b) Maxim: Audi alteram partem--- ----Applicability---Limitations---Right of personal hearing to a person against whom an adverse order is to be made is to be equated with fundamental right and an adverse order made without affording him an opportunity of personal hearing is to be treated as a void order---Application of said principle has its limitations---Where the person against whom an adverse order is made has acted illegally and in violation of law for obtaining illegal gains and benefits through an order obtained with mala fide intention, influence, pressure and ulterior motive then the authority would be competent to rescind/withdraw/cancel such order without affording an opportunity of personal hearing to the affected party---Said principle though was always deemed to be embedded in the statute and even if there was no such specific or express provision, it would be deemed to be one of the parts of the statute because no adverse action can be taken against a person without providing right of hearing to him---Principle of audi alteram partem,…

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