SAJID HUSSAIN vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD art

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SAJID HUSSAIN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD art. 13---Double punishment---"Locus poenitentiae", Principle of---Scope---If certain rights had been created in favour of a person in pursuance of an action/order which had once taken effect, then such action/order could not be withdrawn/rescinded to the detriment of rights created---Such action/order will become irrevocable/past/closed transaction---Sole exemption was if such action/order was illegal or procured through fraud and no effective steps had been taken in implementation thereof. Citation Name: 2024 PLC(CS) 421 LAHORE-HIGH-COURT-LAHORE SAJID HUSSAIN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD art. 10a---Right to procedural fairness/propriety---Departmental proceedings---applicability---Right to procedural fairness/propriety was applicable to judicial, quasi-judicial and non-judicial proceedings. Citation Name: 2024 PLC(CS) 421 LAHORE-HIGH-COURT-LAHORE SAJID HUSSAIN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD Grant of Selection grade---Scope---Selection grade "Locus poenitentiae", Principle of---Scope---Petitioners were appointed on 04/05/1991 without granting selection grade---Requirement of 5 years' service for admissibility of selection grade was reduced to 2 years vide notification dated 25/07/1991 (w.e.f. 25/05/1991)---Said notification was superseded on 18/10/1993---Some employees junior to petitioners were promoted having been granted selection grade---Petitioners applied for and were granted selection grade and their pay was re-fixed accordingly---Finance Department did not regularize the presumptive selection scale of petitioners---Petitioners were asked to deposit payment received by them on account of presumptive selection scale---Petitioners' constitutional petition was allowed---Defendant again dismissed petitioners' representation---Held, that no element of exemption from principle of locus poenitentiae was found---Upon detection of anomaly regarding award of selection grade on 04/05/1991 instead of 25/05/1991, penalty was imposed upon petitioners and entire extra payment made to them was recovered---Public Accounts Committee had no Authority to resuscitate the matter, which had become a past/closed transaction---No further action was permissible---Controlling authority had limited powers to interfere with the financial affairs of the respondent Board---Petitioners right to procedural fairness and procedural propriety had been ignored while passing impugned order for withdrawal of presumptive selection scale and recovery of amount from petitioners---Constitutional petition was allowed accordingly. Secretary Local Government and Rural Development, Government of Punjab, Lahore and another v. Ahmad Yar Khan 2010 PLC (C.S.) 495 and Employees Welfare Association through President and General Secretary, Employees Welfare Association Board of Intermediate and Secondary Education, Multan and 3 others v. Board of Intermediate and Secondary Education, Multan through Chairman and 2 others 2000 CLC 1102 rel. Citation Name: 2024 PLC(CS) 421 LAHORE-HIGH-COURT-LAHORE SAJID HUSSAIN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD art. 13---Double punishment, protection from---Once someone was punished for an act, he could not be penalized again for the same. Citation Name: 2024 PLC(CS) 421 LAHORE-HIGH-COURT-LAHORE SAJID HUSSAIN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD Duty of court---Courts were custodian of fundamental rights of citizens and protectors of civil liberties and they were bound to guard those rights jealously/enviously.

SAJID HUSSAIN vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD art — 2024 PLC(CS) 421 LAHORE-HIGH-COURT-LAHORE

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