ZAKIR MUNEER versus EXECUTIVE DISTRICT OFFICER (HEALTH), ABBOTTABAD
Article 199 General Clause Act (X of 1897), Section 21 Constitution Petition Civil Service Appointment Appointment / Appointment Applicant who applied through the appropriate channel, temporarily / on contract basis Appointment order was selected The payer was asked to prepare a medical / fitness certificate from the superintendent. The DHQ, which he prepared and accordingly submitted his report of involvement, the order of appointment of the applicant was canceled after the unclean office order issued on the recommendations of the Chief Minister and the respondent was appointed on that date. That the order's order approval be withdrawn could not be legally sustained because notice of any reason and opportunity for hearing was never provided to the applicant before the disqualification order was approved. The principle of ultimatum partium will be attracted to the matter of the applicant authority, which was subject to the principle of Lux punitati. The ability to pass and receive an order was thus rescinded, but when an order was passed and it took legal effect, it was returned, despite the power available under section 21 of the General Clause Act, 1897. Cannot be taken, unless it is proved that the order has been obtained by practicing fraud. Or misrepresentation In the present case, the applicant applied for the relevant post, he was selected, appointed, and consequently the applicant was ordered, as a result of which he was appointed Was involved in the order, which had legal effect, was not enforceable for retraction, the action taken and the order to harm the rights of the applicant was lawful.
Related judgments — Peshawar High Court NWFP, 2011
