| Case ID |
d537b5fb-934b-4bfa-88c8-93601a052cdb |
| Body |
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| Case Number |
21/10 of 1983 |
| Decision Date |
Jun 29, 1983 |
| Hearing Date |
|
| Decision |
The appeal filed by S. Safdar Hussain was accepted, and the impugned order dated 5th September 1977 was set aside. The Tribunal ruled that the appointment of the appellant as Excise and Taxation Officer was valid as it was made by the Governor in accordance with the prescribed manner, and could not be revoked by the Secretary. The principles of locus poenitentiae were also applied, reinforcing that the appellant could not be reverted to a prior position after satisfactorily serving for over a year. The Tribunal emphasized that the Secretary's actions were without lawful authority, and thus the appellant should be reinstated as Excise and Taxation Officer from the date of his original appointment. |
| Summary |
This case revolves around the appeal of S. Safdar Hussain against the revocation of his appointment as Excise and Taxation Officer by the Secretary to the Government of Punjab, which was deemed invalid by the Service Tribunal. The Tribunal cited that the appointment made by the Governor was in compliance with the Punjab Civil Servants Act and the relevant rules, emphasizing the importance of proper procedural adherence. The ruling underlines the principle of locus poenitentiae, preventing the retraction of an appointment after the individual has fulfilled their duties satisfactorily. This case highlights critical aspects of administrative law, the authority of governmental appointments, and the rights of civil servants in Pakistan, making it a significant precedent for similar cases in the future. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. Abdul Jabbar Khan (Chairman),
S. Safdar Hussain
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humavun
|
| Petitioners |
S. Safdar Hussain
|
| Respondents |
Secretary to Government of Punjab Excise & Taxation Department
|
| Citations |
1984 SLD 1094,
1984 PLC 271
|
| Other Citations |
1980 P L C (C. S.) 32,
1981 P L. C (C. S.) 90,
1981 P L C (C. S.) 92,
1981 P L C (C. S.) 566,
1981 S C M R 523
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants Act (VIII of 1974),
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974,
Martial Law Instruction 21
|
| Sections |
199,
22,
23,
|