Illegal order

  1. It is well settled principle of law that when the basic order is illegal the structure based on it also falls on the ground — Therefore, when the allotment is illegal, the proprietary rights based on that allotment also had no sanctity in the eye of law — This principle equally applies to the subsequent transfer. Residents of Hamidpur Colony, Chakswari v. Fazeelat Begum and 5 others 2000 SCR 547 (E) PLD 1971 SC 1240 ref.
  2. Secretary Education recalled the promotion order of the appellant because it was contrary to law and passed by an authority having no jurisdictional competence — He being head of department recalled an illegal order and before doing so he was not legally obliged to issue any show cause notice — If an order is passed by a competent authority even if suffers from other lacunas or legal defects it cannot deprive of a civil servant any privilege, right or other benefit relating to terms and conditions of his service without providing the right of audience and show cause notice — Held: In the present case order was passed in colourful exercise of jurisdiction, having no jurisdictional competence, Secretary Education was not legally bound to issue show cause notice to the appellant. Rafiya Latif v. Secretary Education & another 2003 SCR 264 (B)
  3. An illegal order cannot be protected on the ground that the same has been implemented. Zareena Kausar v. Divisional Director Schools and 3 others 2014 SCR 878 (B)
  4. An illegal order until the same is not challenged remains in the field. Bashir Hussain v. Superintendent of Police 2015 SCR 1449 (D) Dr. Muhammad Naeem vs. Azad Govt. & others (Civil Appeal No. 157 of 2013, decided on 27-2-2015) ref.
  5. — It is a celebrated principle of law that when the basic order is found illegal, the subsequent order shall ipso facto fall to the ground. Amjad Ali Khokhar v. Chief Engineer & 3 others 2017 SCR 87 (A)
  6. — It is settled principle of law that an illegal order does not create any interest or right in favor of a party. Abdul Aziz & others versus Board of Revenue AJK & others 2023 SCR 967 (A) 2015 SCR 1362 ref.
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