- An order which is patently illegal or void can be recalled even the same had been acted upon — In such a case principle of ‘and audialteram partem’, may be violated but it cannot be said that even if an order is illegal, the same cannot be cancelled, rescinded or amended because it has been acted upon — The High Court has taken an erroneous view in issuing an absolute writ which implies that an order which has been acted upon can not be recalled, rescinded or amended even if the same is patently illegal. Dr. Muhammad Sarwar v. Dr. Muhammad Sharif Chatter 1995 SCR 292 (B) 1994 SCR 267, 1989 SCMR 441 referred and relied.
- Untill and unless final step is taken in pursuance of an order the same can be rescinded, altered, withdrawn or amended by the authority concerned u/s.21 of the General Clause Act — Even otherwise if an order is found to be patently illegal, the same can be withdrawn etc. after the same has been acted upon. Muhammad Saeed Asad v. Hamed Saeed and 2 others 1998 SCR 287 (C)
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