1988 SCMR 1681

PROVINCE OF PUNJAB Versus M. KHADIM HUSSAIN KHALID

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Citation1988 SCMR 1681

CourtSupreme Court of Pakistan

Case No.Civil Petition No.23 of 1981

Date1988-07-03

Judge(s)Ghulam Mujaddid Mirza and Saad Saood Jan

Authored byGhulam Mujaddid Mirza

ResultPetition dismissed

ORDER

1. GHULAM MUJADDID MIRZA, J. ‑‑Province of Punjab through Secretary Education, Lahore, has filed this petition for leave to appeal against the judgment of the Punjab Service Tribunal dated 4‑11‑1980. The Tribunal partly allowed the appeal filed by the respondent and set aside the order dated 12‑3‑1977.

2. Learned counsel appearing in support of this petition was unable to advance any effective arguments. We called upon him as to what he has to say with regard to the following observation made in the impugned judgment:‑--

3. "..The Department has accused the appellant of manipulation which is tantamount to misconduct and no action against the appellant could be taken except under the END Rules 1975. Even if it was a case of mistake, the order having been acted upon and the notification having been duly issued with the approval of the Finance Department, could not be rescinded to the disadvantage of the appellant without providing him an opportunity to explain his part of the case. Moreover, the respondent was not entitled to withdraw the same retrospectively."

4. Learned counsel could not give any satisfactory reply. There being no merit in this petition, it is dismissed.

5. M.I. /P‑50/S Petition dismissed.