Law:

Section:

Constitution of Pakistan, Art. 181 (2)----Officiating appointment for specific period-Incumbent, due to exigencies of service, carrying on for short time after lapse of period-Not entitled to show-cause notice before reversion to substantive post-Cannot be said to "hold" the post during the additional period. Held, that a Prosecuting Sub-Inspector of Police promoted to officiate as Prosecuting Inspector "until further orders" "for a period of one year", who, after the lapse of that period, carries on as Inspector for a short time due to exigencies of service, could not be said to be "holding" the higher post after the lapse of one year in the same sense as he was holding it prior to such lapse. The tenure was subject to "further orders" and consequently its termination, and restoration of the incumbent to his substantive post, do not give rise to any legal right in him to claim benefit of any safeguards applicable to a "holder" of the superior post. JUDGMENT CORNELIUS, J.----By this petition, one Muhammad Akram Khan seeks special leave to appeal against the refusal to him by the High Court of West Pakistan, of a writ to secure a number of reliefs, of which only one is now being pursued viz., to quash an order of the 28th October 1955 by which he was reverted from a post of officiating Prosecuting Inspector, to his substantive post of Sub-Inspector of Police. The order appointing him to officiate as a Prosecuting Inspector was to take effect on the 30th September 1954. It was expressed in the following terms, viz.:--- "The following Prosecuting Sub-Inspectors of Police are promoted to officiate as Prosecuting Inspectors until further orders in the appointments sanctioned in Punjab Government's Letter No. 8676-54/HG, dated the 2nd July 1954 for a period of one year". It appears that in September 1955, a private complaint of offences under sections 342, 500, P. P. C. was made against Muhammad Akram Khan, in which a charge was framed on the 17th October 1955, and in consequence, on the 25th October 1955, he was placed under suspension, and three days later, the order was made reverting him to his substantive rank. Subsequently, the case was…

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