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Petitioner: LIAQUAT ALI SHAHID VS Respondent: SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI
1992 P L C (C
1992 P L C (C.S.) 403
[Federal Service Tribunal]
Before S.M. Ishaq and Ch. Hasan Nawaz Members
LIAQUAT ALI SHAHID
Versus
THE SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI and 2 others
Appeal No. 467(R) of 1990, decided on 27th October, 1991.
Civil service-
---- Termination of service---Punishing Authority---Jurisdiction---Order terminating services of civil servant subsequently was cancelled by Authority, but after such cancellation same Authority revised its order and again terminated services of civil servant---Original punishing Authority could not revise its own punishing orders either merely on reconsideration or on discovery of some flaws in statutory procedure after original orders were passed, but before any appeal had been preferred against those orders-- Punishing Authority was not competent to revise or modify its orders before departmental appeal was filed against those orders much less after such appeal had been filed by civil servant, because in the event of a departmental appeal, Appellate authority becomes seized of the matter and in that situation it would, go beyond jurisdiction of punishing Authority to revise its own order and substitute it with an order imposing entirely a different penalty---Not within the powers of punishing Authority to replace its earlier order with subsequent order even though it had been done by Authority on advice of Justice Division as claimed by Authority---Order passed against civil servant without holding any enquiry against him, could not sustain.
Raja Muhammad Asghar Khan for Appellant.
Hafiz S.A. Rahman for Respondents.
Date of hearing: 27th October, 1991.