In this judgment a case of wrong termination of a Police officer has been discussed. Kindly read it to gain knowledge on the subject.
Citation Name : 2011
SCMR 1220 SUPREME-COURT
Side Appellant :
CHIEF SECRETARY, GOVERNMENT OF PUNJAB
Side Opponent :
Malik ASIF HAYAT
S.
4---Rules of Business (Punjab), 1974, Sched.
VII, Part-A, Sr.No.20---General Clauses Act (X of 1897), Ss. 21 &
24---Constitution of Pakistan,
Art. 212(3)---Appeal---Assistant Sub-Inspector Police---Dismissal from service
vide order dated 5-7-1994---Absence from duty, charge of---Rejection of appeal
by Service Tribunal---Directive of Chief Minister issued after accepting mercy
petition in June 2005 for reinstatement of appellant in
service---Implementation of such directive by authority, completion of one year
"D" Course by appellant and subsequent entering his name into list
"E" and promotion to post of Sub-Inspector---Issuance of show-cause
notice by authority after two years alleging appellant's reinstatement to be
illegal---Withdrawal of such show-cause notice by authority during pendency of
constitutional petition filed thereagainst by appellant and his subsequent
promotion to rank of Inspector---Dismissal of appellant from service w.e.f.
5-7-1997 vide order dated 2-1-2002 on same ground---Acceptance of appellant's
appeal by Service Tribunal---Validity---termination from service could not be with retrospective
effect, unless competent authority was expressly empowered in such regard by
some statute or rules made thereunder---Rectification of wrong could not be
made at any time as such practice would be dangerous for service
structure---Action should have been initiated against those responsible for
such wrong, which could not be rectified after a long period during which
appellant had not only performed his duties diligently, but had also earned few
promotions and risen to rank of Inspector---Such directive of Chief Minister
was not liable to be implemented, but none had shown moral courage to resist
same at relevant time--- Appellant had been reinstated in year 2005, while he
had been dismissed finally on 2-1-2010 with retrospective effect i.e. on
5-7-1994---Authority had already exercised powers under S. 21 of General
Clauses Act, 1897 by issuing show-cause notice, which had been withdrawn during
proceedings pending in High Court---Such matter was closed once for all and
could not be re-opened without any lawful justification---Order passed by a
competent authority, if had taken effect and conferred a legal right, could not
be rescinded subject to certain lawful exceptions---Supreme Court refused to
grant leave to appeal, in circumstances.
No comments:
Post a Comment