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IFTIKHAR AHMED BAIG versus PROVINCE OF PUNJAB


Regulation 43 Constitution of Pakistan (19 73), Article 199 Constitutional Appeal Commission's recommendation, the applicant's return was set on the recommendation of the Commission and after joining the applicant's department the recommendation was withdrawn The withdrawal of the recommendation was that without any inquiry by the Commission on the allegations against the petitioner, it was held that no person could be allowed to retain the benefit of fraud and because of his conduct. Applicant should be excluded from any relief from the High Court. Where the Commission alone was affected by the recommended confession and there was no proper inquiry by the Commission to conclude, the withdrawal from the Commission's recommendation was without legal authority and had no legal effect. In such cases the order is to act only in a more suitable person and, as the circumstances of a case are inquired into.

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