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MUHAMMAD MUSA vs PROVINCIAL GOVERNMENT S — 2024 PLC(CS) 1536 GILGIT-BALTISTAN-SERVICE TRIBUNAL

Case information

Citation
2024 PLC(CS) 1536 GILGIT-BALTISTAN-SERVICE TRIBUNAL
Year
2024
Reporter
PLC
Parties
MUHAMMAD MUSA vs PROVINCIAL GOVERNMENT S
Subject matter
Service
Provisions referred to
S. 21---G; S. 10---G; S. 21; Gilgit-Baltistan Civil Servants Act (V of 2011); General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD MUSA VS PROVINCIAL GOVERNMENT S. 21---Gilgit-Baltistan Civil Servants Act (V of 2011), S. 10---Gilgit-Baltistan Civil Servants (Efficiency and Discipline) Rules, 2011, R. 4---Competent Authority---Powers---Removal from service on claim of the Department that appointment was not made as per law and procedure---Principle of locus poenitentiae---Held, that any irregularity which had been committed by the department during the process of appointment, the appellant could not be punished for such lapse---Appointing Authority was responsible to face the consequences of their lapses---Under S. 21 of General Clauses Act, 1897, when the Competent Authority issues an order in favor of any individual and when the same order has taken its legal effect or implemented, the appointing authority becomes functus officio---Appellant had joined his duty in the pursuance of the appointment order and had also received monthly salary till his time in service, as such a valuable right had been accrued to appellant and that valuable right could not be snatched without following the proper procedure---Principle of locus poenitentiae, in the circumstances, was fully applicable and department was not vested with the authority to cancel the order of appointment of appellant which was passed by their predecessor and stood acted upon---Service Tribunal restored the appellant in service while treating the intervening period as leave without pay---Appeal was allowed accordingly.

Other judgments reported in 2024 PLC

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