Law:

Section:

Government of India Act, 1935,S. 240 (3)-Constitution of Pakistan, Art. 181 (2)-Order reverting from officiating appointment as S. D. O. to substantive post of overseer without show-cause notice-Illegal-Civil Service Rules, Vol. 1, r. 14.13 read with r. 14.10. The petitioner was reverted from an officiating appointment as S. D. O. to his substantive post of Overseer without being given a reasonable opportunity to show cause against his reversion. The officiating appointment as S. D. O. was not conditioned by any fixed period of time and it was not denied that officials junior to petitioner in service were still officiating as S. D. O.'s. Held, that the order of reversion without affording a reasonable opportunity to show cause against the proposed action was illegal by virtue of section 240 of the Government of India Act, 1935 (now Article 181 of the Constitution) and it was also contrary to the provisions of Civil Service Rule 14.13 read with rule 14.10, Volume 1. The High Court issued a direction that the petitioner be re-instated as S. D. O. with effect from the date of his reversion and be continued in that post till such time as he could be legitimately reverted, if so found necessary, after due process of law. ORDER S. A. RAHMAN, C. J.--The petitioner was admittedly reverted from an officiating appointment as S. D. O. to his substantive post of Overseer in 1952 without being given a reasonable opportunity to show cause against his reversion. He has been protesting ever since. The officiating appoint­ment as S. D. O. was not conditioned by any fixed period of time and it is not denied that officials junior to…

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