CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad vs SHABIR HUSSAIN Reglns

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CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad VS SHABIR HUSSAIN Reglns. 4.04, 4.17 & 4.18---Employees of Capital Development Authority (CDA)---Promotion order, withdrawal of---Legality---Vested right to promotion---Scope---Locus poenitentiae, principle of---Applicability---Respondents were regular employees of CDA; they were considered for promotion on the basis of their seniority, and their promotion to the post of Assistant Directors in BS-17 was recommended by the Departmental Promotion Committee (DPC) after due consideration of credentials and ACRs---Competent authority approved the promotion of respondents to the post of Assistant Director (BS-17) in Engineering Cadre on acting charge basis with immediate effect---Subsequently the promotion of the respondents was regularized vide an office order but the said office order was withdrawn/cancelled vide another office order without assigning any reason or notice---Held, that in the present case, on the face of it, neither any fault or defect of respondents was pointed out by CDA nor any oversight or error on the part of DPC members or its composition or jurisdiction which could result in an unceremonious withdrawal of promotion order after considerable period---In these set of circumstances, the doctrine of vested right was applicable which provided that once a right was lawfully created, its existence should be recognized and acknowledged, therefore the benefit of promotions earned on DPC recommendations had become an undeniable and incontrovertible right of the respondents which could not be cancelled or withdrawn---Another shortcoming and unlawfulness was that no prior notice or justification was even shown in the cancellation letter which was flagrant violation of well settled principle of natural justice---Further more it was not the case of CDA that promotion was accorded to the respondents due to some misunderstanding, error, misconception of law or without sanction of competent authority therefore, the principle of locus poenitentiae was also attracted to ameliorate and ventilate the sufferings of the respondents---Petition for leave to appeal was dismissed, leave was refused and order of High Court was upheld whereby CDA's order for withdrawal/cancellation of promotion of respondents was set aside.

CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad vs SHABIR HUSSAIN Reglns — 2022 PLC(CS) 859 SUPREME-COURT

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