Homoeo Dr. ASMA NOREEN SYED vs GOVERNMENT OF THE PUNJAB Maxim "actus curiae neminem gravabit"

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Homoeo Dr. ASMA NOREEN SYED VS GOVERNMENT OF THE PUNJAB Maxim "actus curiae neminem gravabit"---Meaning and scope---Patent and obvious error or oversight on the part of Court in any order or decision may be reviewed sanguine to the renowned legal maxim "actus curiae neminem gravabit" which is a well-settled enunciation and articulation of law expressing that no man should suffer because of the fault of the court or delay in the procedure---Parties should not be made to suffer on account of an act or omission on the part of Court or other State functionaries---Maxim 'actus curiae neminem gravabit' is interrelated and intertwined with the state of affairs where the court is under an obligation to reverse the wrong done to a party by the act of Court which is an elementary doctrine and tenet to the system of administration of justice---Court and Tribunal should become conscious and cognizant that as a consequence of their mistake, nobody should become victim of injustice and in the event of any injustice or harm suffered by mistake of the court, it should be remedied by making necessary correction forthwith---If the Court is satisfied that it has committed a mistake, then such person should be restored to the position which he would have acquired if the mistake did not happen. Head NotesCase Description Citation Name: 2022 SCMR 1546 SUPREME-COURTBookmark this Case Homoeo Dr. ASMA NOREEN SYED VS GOVERNMENT OF THE PUNJAB Law should be worn by the Judge on his sleeves---Justice should be imparted according to the law, notwithstanding whether the parties in a lis before the Court are misdirected and misplaced in that regard. Head NotesCase Description Citation Name: 2022 SCMR 1546 SUPREME-COURTBookmark this Case Homoeo Dr. ASMA NOREEN SYED VS GOVERNMENT OF THE PUNJAB S. 8(5) [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005]---Proforma promotion after retirement---Scope---Judgment of Tribunal based on an incorrectly published provision of a statute---Section 8(5) of the Punjab Civil Servants Act, 1974 [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005] provided that a retired civil servant shall not be eligible for grant of promotion; provided that he/she may be considered for grant of proforma promotion as may be prescribed---Therefore, the appellant, who had since retired, was also entitled to be considered for proforma promotion after retirement---Impugned judgment of the Service Tribunal was based on an incorrect exposition of law as a result of adverting to a wrongly published gazette notification from which for the most part the rider enabling and facilitating the proforma promotion in certain cases was missing which was actually in field even at the time of passing the impugned judgment by the Tribunal---Foremost duty in the dispensation of justice was to apply the correct law---Appeal was allowed and the matter was remanded to the Service Tribunal to decide the appeal afresh in accordance with law. Head NotesCase Description

Homoeo Dr. ASMA NOREEN SYED vs GOVERNMENT OF THE PUNJAB Maxim "actus curiae neminem gravabit" — 2022 SCMR 1546 SUPREME-COURT

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