1992 PLP (C (PLC(CS))
MUSHTAQ AHMAD ALEEM Versus GOVERNMENT OF PAKISTAN
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Irshad Hasan Khan, J |
| Parties | MUSHTAQ AHMAD ALEEM Versus GOVERNMENT OF PAKISTAN |
| Primary Law | (b) Locus poenitentiae, (c) Natural Justice, (a) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Locus poenitentiae, (c) Natural Justice, (a) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Irshad Hasan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUSHTAQ AHMAD ALEEM Versus GOVERNMENT OF PAKISTAN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmad Khan for Petitioner.
- Faqir Muhammad Khokhar, D.A.-G. for Respondent No. 1.
- Hamid Khan for Respondents Nos. 2 and 3.
- Date of hearing: 23rd November, 1991.
Headnotes / Summary
Service of civil servant was terminated on ground that h was irregularly appointed during previous regime by relaxation of age limit by more than five years
Departmental record was not showing that any order was passed by competent Authority relaxing age of civil servant
Service of civil servant admittedly was terminated without providing him an opportunity to explain his viewpoint
Civil servant having once been appointed and order of appointment having been acted upon, such appointment order, Was nor liable to be rescinded without giving show cause notice to civil servant on principle of locus poenitentiae. Pakistan Muhammad Himayatullah Farrukhi PLD 1969 SC 407 rel.
Person once having been appointed and confirmed against substantive capacity his services were not liable to be terminated without providing him an opportunity to explain his viewpoint on principle of locus poenitentiae. Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref.
Where a person was once duly appointed and confirmed against substantiative capacity, his services could not subsequently be terminated on whatever ground without providing him an opportunity to explain his viewpoint and without giving him show-cause notice. Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref.
Judgment & Decree
Person once having been appointed and confirmed against substantive capacity his services were not liable to be terminated without providing him an opportunity to explain his viewpoint on principle of locus poenitentiae. Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref. (c) Natural Justice
Where a person was once duly appointed and confirmed against substantiative capacity, his services could not subsequently be terminated on whatever ground without providing him an opportunity to explain his viewpoint and without giving him show-cause notice. Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407 ref. Hasnat Ahmad Khan for Petitioner. Faqir Muhammad Khokhar, D.A.-G. for Respondent No.
1. Hamid Khan for Respondents Nos. 2 and