CHAND IQBAL vs PROVINCE OF THE PUNJAB Reglns — 2023 PLC(CS) 530 LAHORE-HIGH-COURT-LAHORE

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CHAND IQBAL VS PROVINCE OF THE PUNJAB Reglns. 25, 26 & 63---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan Art. 199---Constitutional petition---Restoration in service---Withdrawal of recommendation by Service Commission---Locus poenitentiae, principle of---Applicability---Petitioners were terminated from service as recommendations for their appointment by Punjab Public Service Commission (PPSC) were withdrawn on the allegation of use of unfair means during written test---Validity---Reason for withdrawal was neither an error or omission, but was an apprehension of using unfair means, which were not probed or inquired by PPSC, under Regln. 25 of Punjab Public Service Commission Regulations, 2016, to hold candidates guilty--- Review by the Commission (PPSC) could not be a substitute for probe or inquiry, as required under Regln. 25 of Punjab Public Service Commission Regulations, 2016, to hold a candidate guilty of using unfair means under its clause--- Commission while passing order after review did not give any finding of fact about use of unfair means but simply endorsed recommendation by Anti-Corruption Establishment without identifying mistake or error requiring rectification---Commission (PPSC) did not become functus officio, after sending recommendations for appointment, as Reglns. 26 and 63 of Punjab Public Service Commission Regulations, 2016, allowed withdrawal of recommendations--- Both the regulations were neither read down nor held ultra vires in any of the judgments passed by superior Courts---After decisive step of appointment on the recommendations, a right was created---Right so created was not absolute and principle of locus poenitentiae was found embedded in section 21 of General Clauses Act, 1897---High Court declared that PPSC's letter for withdrawal of recommendations and consequent termination orders were issued/passed without lawful authority having no legal effect on the appointments of petitioners---Constitutional petition was allowed, in circumstances.

CHAND IQBAL vs PROVINCE OF THE PUNJAB Reglns — 2023 PLC(CS) 530 LAHORE-HIGH-COURT-LAHORE

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