In this judgment a case of wrong termination of a Police officer has been discussed. Kindly read it to gain knowledge on the subject.
Citation Name : 2011 SCMR 1220 SUPREME-COURT Side Appellant : CHIEF SECRETARY, GOVERNMENT OF PUNJAB Side Opponent : Malik ASIF HAYAT
S. 4---Rules of Business (Punjab), 1974, Sched. VII, Part-A, Sr.No.20---General Clauses Act (X of 1897), Ss. 21 & 24---Constitution of Pakistan, Art. 212(3)---Appeal---Assistant Sub-Inspector Police---Dismissal from service vide order dated 5-7-1994---Absence from duty, charge of---Rejection of appeal by Service Tribunal---Directive of Chief Minister issued after accepting mercy petition in June 2005 for reinstatement of appellant in service---Implementation of such directive by authority, completion of one year "D" Course by appellant and subsequent entering his name into list "E" and promotion to post of Sub-Inspector---Issuance of show-cause notice by authority after two years alleging appellant's reinstatement to be illegal---Withdrawal of such show-cause notice by authority during pendency of constitutional petition filed thereagainst by appellant and his subsequent promotion to rank of Inspector---Dismissal of appellant from service w.e.f. 5-7-1997 vide order dated 2-1-2002 on same ground---Acceptance of appellant's appeal by Service Tribunal---Validity---termination from service could not be with retrospective effect, unless competent authority was expressly empowered in such regard by some statute or rules made thereunder---Rectification of wrong could not be made at any time as such practice would be dangerous for service structure---Action should have been initiated against those responsible for such wrong, which could not be rectified after a long period during which appellant had not only performed his duties diligently, but had also earned few promotions and risen to rank of Inspector---Such directive of Chief Minister was not liable to be implemented, but none had shown moral courage to resist same at relevant time---Appellant had been reinstated in year 2005, while he had been dismissed finally on 2-1-2010 with retrospective effect i.e. on 5-7-1994---Authority had already exercised powers under S. 21 of General Clauses Act, 1897 by issuing show-cause notice, which had been withdrawn during proceedings pending in High Court---Such matter was closed once for all and could not be re-opened without any lawful justification---Order passed by a competent authority, if had taken effect and conferred a legal right, could not be rescinded subject to certain lawful exceptions---Supreme Court refused to grant leave to appeal, in circumstances.
