1. M. SALEEM CHAUDHRY (CHAIRMAN).-This order may be read as part of our order dated 1st August, 1977. We are informed that the appellant has been reconsidered by the Departmental Selection Board and it has been concluded that the appellant is not a fit person to be promoted. The learned counsel for the appellant, contends that the reconsideration was not necessary as the appellant already stood approv--ed for promotion to the post of Professor and, therefore, the same election ha id good even today. The law is well established that unless an order is actually acted upon and implemented the Government retained power to rescind or withdraw the same. The counsel for the appellant has not been able to show as anything to the contrary. We are, therefore, of the view that Government had the powers to withdraw/rescind the previous order.
2. As regards the latest determination by the Selection Board rejecting the appellant for promotion, in view of proviso (b) to section 4 (1) of the Punjab Service Tribunals Act, 1974, according to which no appeal lies against determination of the departmental authority as to the fitness of a civil servant to be promoted to a post or grade, we do not have the jurisdiction to scrutinize the merits of the same. We have, therefore, no doubt in our mind that this Tribunal has no jurisdiction to examine the merits of the finding of the Selection Board. The appeal has no force and is, accordingly, rejected. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.