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Petitioner: MUSHTAQ AHMAD ALEEM VS Respondent: GOVERNMENT OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 558
[Lahore High Court]
Before Irshad Hasan Khan, J
MUSHTAQ AHMAD ALEEM
Versus
GOVERNMENT OF PAKISTAN
Writ Petition No. 4855-S of 1991, decided on 23rd November, 1991.
(a) Civil service----
----Termination of services--- Service of civil servant was terminated on ground that h was irregularly appointed during previous regime by relaxation of age limit by more than five years---Departmental record was not showing that any order was passed by competent Authority relaxing age of civil servant---Service of civil servant admittedly was terminated without providing him an opportunity to explain his viewpoint ---Civil servant having once been appointed and order of appointment having been acted upon, such appointment order, Was nor liable to be rescinded without giving show cause notice to civil servant on principle of locus poenitentiae.
Pakistan Muhammad Himayatullah Farrukhi PLD 1969 SC 407 rel.
(b) Locus poenitentiae---
----Principle of---Person once having been appointed and confirmed against substantive capacity his services were not liable to be terminated without providing him an opportunity to explain his viewpoint on principle of locus poenitentiae.
Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref.
(c) Natural Justice---
----Principle of---Where a person was once duly appointed and confirmed against substantiative capacity, his services could not subsequently be terminated on whatever ground without providing him an opportunity to explain his viewpoint and without giving him show-cause notice.
Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref.
Hasnat Ahmad Khan for Petitioner.
Faqir Muhammad Khokhar, D.A.-G. for Respondent No. 1.
Hamid Khan for Respondents Nos. 2 and 3.
Date of hearing: 23rd November, 1991.