Allah Rakha & 8 Other vs Executive District Office (Revenue), Faisalabad & 7
This matter concerns a petition for leave to appeal against a judgment of the Punjab Service Tribunal, Lahore, which set aside the withdrawal of the respondents' promotions. The petitioners challenged the Tribunal's decision, arguing that the respondents had procured their promotions as Senior Clerks through the concealment of facts and tampering with official dossiers. The core legal question was whether the competent authority could unilaterally rescind a promotion order that had already been implemented without providing the affected employees an opportunity to be heard. The Supreme Court held that the order withdrawing the promotions was void because the promotees had already assumed their new assignments and were denied the right to a hearing or notice before the adverse action was taken. The Court affirmed the Tribunal's decision, emphasizing the principle of natural justice: an order adversely affecting a vested right, such as a promotion that has already taken effect, cannot be rescinded without first issuing a show-cause notice and granting the affected parties an opportunity of being heard. The petition was dismissed, though the authority was granted liberty to proceed afresh in accordance with the law.
- Can a promotion order that has already been implemented be withdrawn without issuing a show-cause notice to the affected employee?
- Is an order rescinding a promotion void if it is passed without providing the affected party an opportunity of being heard?
- Does the principle of natural justice apply to the withdrawal of a promotion that has already taken effect?
KARAMAT NAZIR BHANDARI, J.- The petitioners and private respondents were working as Junior.
Clerks in the offices of the Executive District Officer (Revenue), Faisalabad (hereinafter to be referred to as "the E.D.O.") and District Officer (Revenue), Faisalabad. Respondents Nos. 4 to 7 alongwith some others Were promoted by the District Officer (Revenue), Faisalabad as Senior Clerks vide Order No. 2270-M11C (E) dated 26.8.2002, on the recommendation of Departmental Promotion Committee dated 23rd of August, 2002, Seemingly, on the agitation of other claimants; the order of promotion was withdrawn on 7.9.2002, with effect from 4.9.2002. The promotees represented against the withdrawal but the representation was turned down by the E.D.O.
(Revenue) on 16.10.2002. Respondents Nos. 4 to 7 and other promotees filed separate appeals, four in number, to question the. Legality of the order of withdrawal of promotion. The Punjab Service Tribunal, Lahore (hereinafter to be referred to as "the Tribunal") accepted the appeals vide judgment dated 21.4.2003, on the ground that the promotions had taken effect and no power was left with the competent authority to rescind the promotions on 7.9.2002.
2. In support of this petition against the order of the Tribunal dated 21.4.2003, learned counsel for the petitioners invitee* our attention to the order dated 16.10.2002 passed by the E.D.O, in which he has found that the respondents promotees were able to procure recommendations from Departmental Promotion Committee by concealment of facts as also by changing the indexes of the dossiers of the officials and by making cuttings/additions in the entries. He has therefore, strenuously urged that the order of withdrawal dated 7.9.2002 is justified.
3. It is admitted that the order of promotion dated 26.8.2002 had been duly implemented and the promotees had taken charge of their new assignments. It is also admitted that before passing order dated 7.9.2002, the affected promotees were neither issued any notice nor they were given an opportunity of hearing. The tribunal, therefore, in dur judgment, rightly concluded that the order dated 7.9.2002 was void.
4. Learned counsel has failed to point out/any substantial question of law of public importance is involved in this case. The petition is hereby dismissed and leave is declined.
5. It is however, open to the competent authority to proceed afresh in the matter, in accordance with law, if so advised.