Officiating charge

2017 PLC(CS)N 29 PESHAWAR-HIGH-COURT Judicial Precedent

Officiating chargeAppointment, withdrawal ofVested rightScopeEmployees were appointed as Junior Clerks, letters of appointment were withdrawnValidity

Petitioners were appointed after test and interview but the person while having officiating charge, had withdrawn appointment letters without assigning any reason and without codal formalities

Petitioners would be governed under service laws after issuance of appointment letters and could not be deprived of their vested rights without adhering to the observance of codal formalities

Person on officiating charge could not exceed his limits and would be restricted only to the duties assigned to him for a temporary period

Said Official had skipped over the jurisdiction vested in him

No inquiry was ordered nor charge sheet was issued and no show cause notice was served upon the petitioners

Impugned order was declared illegal, without lawful authority and same was set aside

Appointment orders of petitioners were held to be validly issued and they were legally appointed

Person in his officiating capacity was not competent to issue the impugned order

Appointment letters of petitioners were still operative and in field

Constitutional petition was accepted in circumstances.

2013 PLC(CS) 357 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

S. 8PromotionOfficiating charge

Civil servant could not claim promotion on the basis of officiating charge, however, the fact of being senior could not be left unattended, while considering matter of promotion.