ALLAH RAKHA and 8 others vs EXECUTIVE DISTRICT OFFICER (REVENUE), FAISALABAD and 7 others
Civil petition for leave to appeal before the Supreme Court of Pakistan arising out of a judgment of the Punjab Service Tribunal, Lahore. The matter concerned the cancellation of promotion orders for the private respondents to the posts of Senior Clerks. The core legal question was whether a promotion order that had already taken effect and been implemented could be unilaterally withdrawn by the competent authority without issuing notice or providing a hearing to the affected civil servants. The Supreme Court upheld the Tribunal's decision and refused leave to appeal, holding that once a promotion order is fully implemented and charge is assumed, the authority lacks the power to rescind it arbitrarily, and any order passed without notice or an opportunity of hearing is void. The Court established the principle that implemented locus poenitentiae rights cannot be withdrawn without adhering to principles of natural justice, though the competent authority remains free to initiate fresh proceedings in accordance with law.
- Can a promotion order that has been fully implemented and acted upon be recalled or withdrawn without issuing notice to the affected employee?
- Does a competent authority retain the power of locus poenitentiae to rescind a promotion after the employee has taken charge of the new post?
- Is an order withdrawing a promotion void if passed in violation of the principles of natural justice?
' 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 along with 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Committee dated 23rd of August, 2002, Seemingly, on the agitation of other claimants, the order of promotion Was withdrawn on 7-9-2002, with effect from 4-9-2002.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 orders 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 invited 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. Lie 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 prornotees were neither issued any notice nor they were given an opportunity of hearing. The Tribunal therefore, in our judgment, rightly concluded that the order dated 8-9-2002 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.