Law:

Section:

(a) Civil Servants Act (LXXI of 1973)- --S. 12-A-Opportunity of explanation and hearing-Principle of natural justice-Not applicable where such opportunity taken away specifically by law itself-Order in pursuance of action under S. 12-A-Cannot be struck down simply for reason that oppor­tunity of hearing not given because such requirement specifically taken away in law. (b) Civil service- --Mala fide-Very strong evidence required to prove mala fide--­Mere suspicion-Not sufficient to establish mala fide. (c) Civil Servants Act (LXXI of 1973)- --S. 12-A-Public interest-Question of-Linked with justification of order-Impugned order of reversion to lower rank challenged on ground that same was not in public interest +Service Tribunal observing that plea of absence of public interest was linked with justification-Reversion order passed on recommendation of Review Committee on presumption that appointment to higher rank was result of political influence in form of letter of Provincial Minister addressed to Federal Minister-Appointment made in accordance with decision to give representation to rural areas---Such decision even if considered as politically influenced but appointment having been made in accordance with such decision, in circumstances, held, could not be treated as politically motivated-Recommen­dations of Review Committee found to have beef trade on wrong grounds and same not free from prejudice-Impugned order, in circumstances, held, not justified hence set aside .by Service Tribunal directing that appellant shall be deemed to have never been reverted and entitled to consequential benefits-Service Tribunals Act (LXX of 1973), S. 4. M. L. Shahani for Appellant. Niaz Ahmad Khan for Respondent. Dates of institution/hearing : 11th March, 1981, 9th October. 1983. JUDGMENT (CHAIRMAN). The appellant, Ghulam Akbar Bhutto, was serving in Grade-19 as Director Marketing and Supplies in the Population Planning Council whe3, by order, dated 27th November, 1979, he was reverted to Grade-18 under section 12-A of, the Civil Servants Act (LXXI of 1973). His departmental representation having been rejected, he has come up in appeal before this Tribunal, under section 4 of…

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