NATIONAL SAVING CENTRAL DIRECTORATE, ISLAMABAD vs MUHAMMAD FAROOQ RAJA Rr — 2021 CLD 370 SUPREME-COURT

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NATIONAL SAVING CENTRAL DIRECTORATE, ISLAMABAD VS MUHAMMAD FAROOQ RAJA Rr. 5 & 8---General Clauses Act (X of 1897), S. 24-A---Locus poenitentiae, principle of---"Bahbood Saving Certificate Scheme" ('the Scheme') introduced by the National Saving Centre ('the petitioner-Authority')---Dual national holding nationality of Pakistan and a foreign country---Whether a dual national (respondent) was eligible to avail the Scheme---Held, that respondent under the impression that he was eligible to purchase bonds under the Scheme applied for the same, in response to the acceptance shown by the petitioner-Authority---Respondent invested in the Scheme as a bona fide claimant---Incentive arising out of the said Scheme was extended in favour of the respondent in accordance with the rules framed under Bahbood Saving Certificates Rules, 2003---Petitioner-Authority was under an incumbent duty to scrutinize the status of the respondent prior to issuing acceptance which had accrued a right in favour of respondent---Any slackness on the part of the petitioner-Authority at belated stage could not be burdened to the respondent and the same was hit by principle of locus poenitentiae----Otherwise the case of the respondent was also covered by S. 24-A of General Clauses Act, 1897, which clearly reflected that once a right under the Scheme was accrued, the same could not be withdrawn unless and until it was established that the Scheme was availed by practicing fraud or misrepresentation---Besides respondent was a dual national, holding nationality of foreign country Denmark, which was one of the countries, whose nationality could be kept alongside nationality of Pakistan without deprivation of any legal rights under the law of the land---High Court had rightly found the respondent to be eligible for availing benefit of the Scheme---Petition for leave to appeal was dismissed and leave was declined. Citation Name: 2021 CLD 370 SUPREME-COURTBookmark this Case NATIONAL SAVING CENTRAL DIRECTORATE, ISLAMABAD VS MUHAMMAD FAROOQ RAJA Promissory estoppel---Government functionaries---Where Government controlled functionaries made a promise which ensued a right to anyone who believed in it and acted under the same, then such functionaries were precluded from acting detrimental to the rights of such person/citizen.

NATIONAL SAVING CENTRAL DIRECTORATE, ISLAMABAD vs MUHAMMAD FAROOQ RAJA Rr — 2021 CLD 370 SUPREME-COURT

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