Law: Civil Servants Act, 1973

Section: 6(2),12

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 21

Law: Service Tribunals Act, 1973

Section: 4

Civil Servants Act (LXXI of 1973)---   ----Ss. 6(2) 12---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.21---Service Tribunals Act (LXX of 1973), S.4---Reversion---Appeal---Appellant was reverted from the post of Assistant Director to that of National Savings Officer as she failed to qualify departmental examination within three chances availed by her---Appellant having failed to qualify the departmental examination during period of probation which included extended period, competent Authority was authorized to take suitable action against her---Punitive action (reversion) against appellant was duly supported by various provisions of relevant Rules including R.6 of Recruitment Rules of National Savings Organization, S.6(2)(b) of Civil Servants Act, 1973 and R.21 of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Order of reversion, however, was passed without issuing show-cause notice and without providing chance of personal hearing to the appellant---No punishment could be effected without affording personal hearing to affected person---Appellant was entitled to show-cause notice as envisaged under S.12(3) of Civil Servants Act, 1973---Such omission was of a serious nature and was enough to vitiate order of reversion of appellant---Direction was given that notification reverting appellant to the post of National Saving Officer, be withdrawn---Department, however would be within its right to proceed against appellant by issuing him show-cause notice and also affording her an opportunity of personal hearing.    NLR 1987 TD 56; 1993 PLC (C.S.) 308; 1990 SCMR 1414; 1999 TD (Service) 21; 2001 YLR 1843; SBLR 2003 SC 1697; 2004 PLC (C.S.) 27; 1985 SCMR 1178; 2003 PLC (C.S.) 1027; 2004 PLC (C.S.) 453; 2003 PLC (C.S.) 1249; 1991 SCMR 2330; 2003 TD (Service) 32; 2003 PLC (C.S.) 1527; 2004 PLC (C.S.) 470; 200 PLC (C.S.) 43; 2002 PLC (C.S.) 330 and 2004 PLC (C.S.) 598 ref. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 read with section 2 of the Service Tribunals Act, 1973 against the impugned order, dated 26-1-2004 reverting the appellant from the post of Assistant Director…

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