Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-- -- S. 12-A-Removal or reversion to lower post -Power of President or a person authorised by him-Discretion to take such action-No restriction placed on such direction except that action to be taken in public interest-Action when taken under S. 12-A means same having been taken in public interest-Mere omission of words "in the public interest" in notification or order-Does not vitiate same-Contention that in order to be in the public interest removal order should have been based on sufficient material which should have been communicated to Civil Servant concerned enabling him to controvert or contradict same-Rejected-Held : S. 12-A does not provide for any show-cause notice or communication of material on basis of which order is passed even for proving any specific allegation. (b) Civil Servants Act (LXXI of 1973)-- --- S. 12-A read with Constitution of Pakistan (1973), Arts. 4 & 25­Section 12-A of Civil Servants Act, 1973 introduced in order to deal with certain class of Government employees appointed not in accordance with normal rules-Aimed at removing discrimination to rectify discreminatory preference shown to such employees­-Deprivation of security of service to such employees resorted to in public interest and having once becoming a law applicable to individual cases without discremination-Such law, held, not ultra vires of Art. 4 or 25 of Constitution of Pakistan (1973). (c) Civil Servants Act (LXXI of 1973)-- -- S. 12-A-Service terms and conditions--Mere terminological in­exactitude cannot be allowed to be exploited to alter very intent and purport of notification-Correction of an obvious terminological mistake in notification-Within competence of competent authority-­Competent authority, however, cannot bring about a material change in contents of its notification.-Civil servant appointed to Grade-19 removed from service under S. 12-A of Civil Servants Act, 1973 and subsequently case referred to Public Service Commission under rule 4 of Federal Public Service Commission (Functions) Rules, 1978 for advice as to whether he was fit for post previously held or for any other post in same or lower grade -Commission…

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