Law: Constitution of Pakistan, 1956

Section:

  Constitution of Pakistan (1956)----   ------- Art. 181-Reversion from officiating to original and substantive post Purely on administrative grounds and not by way of penalty-Not reduction in rank.   If a person officiating in a higher post is reverted to his original post by way of penalty, it amounts to reduction in rank and Article 181 of the Constitution of Pakistan, (1956) will be appli cable. But no question of reversion arises where the reversion from the officiating to the original and substantive post is effected purely on administrative grounds or when it comes in a normal course and not due to any supposed fault or by way of penalty or manifestation of disfavour and in such a case Article 181 of the Constitution has no application. JUDGMENT   AKBAR, J.-The petitioner Muhammad Siraj Mian, a con firmed Jetty Inspector of the Port of Chittagong Railway, was appointed as Officiating Assistant Jetty Superintendent on 5th March 1957. On 2nd January 1957, the General Manager consti tuted an Ad-hoc Selection Board consisting: of four officers for the purpose of making recommendation of subordinates considered suitable for promotion to Lower Gazetted Service. The Board. after holding an examination, interviewed twelve Officers, and recommended three names including that of the petitioner. On 28th May 1957, the above recommendation of the Board was accepted by the General Manager. On 10th June 1957, the Deputy Traffic Manager issued the following order :   "As per recommendation of the Selection Board held in the office of the ENC/PC/CRB at 10-00 firs. on 18th May 1957, for making panel of LGS Officers which has been accepted by the GM/Port, the following candidates have been declared as approved for the post of AJS. Their names have been shown as per merit   Mr. D. B. Digboy, Offg. AJS (I)/CGD.   Mr. M. S. Mian, Offg. AJS (E)/CGD.   Mr. I. S. Khan, Offg. YT/NM Officiating services of M/s. Digboy and M. S. Mianhave also been taken as approved from the date of their Offg. in the post."   A copy of the above order was forwarded to the petitioner.   Mr. N. G. Sen, Jetty Inspector, Mr. J. Polacco, Yard…