Law:

Section:

(a) Bengal Service Rules, Part I, Chapter V, rr. 54 & 72­"Next below Rule"-Applicable subject to "Guiding Principles "­Not applicable in case of inefficiency or unsuitability of Government servant, or of leave-Government, sole judge of suitability for promotion-Courts unable to interfere except for proved mala fides. The `next below rule' does not apply to cases where the officer was said to be inefficient, unsuitable or was on leave: In view of the "guiding principle" for the application of the `next below rule' a Government servant is only entitled to the benefit for the period during which he was considered neither inefficient nor unsuitable. So far as suitability for promotion to a particular post is concerned, the sole judge is the Government and Courts are unable to interfere except possibly in a case of proved mala fides. (b) Government servant-Adverse remarks in character roll­---Within exclusive competence of superior officers-Presumption of regularity of official acts-Mala fide remarks-Whether Courts have jurisdiction to expunge-Non-communication of remarks to Government servant-Matter not justiciable. JUDGMENT AMIRUDDIN AHMAD, J.-This is a certificated appeal from the judgment and order of the High Court of East Pakistan disallowing in part the appellant's petition for issue of a writ on the Province of East Pakistan and the Chief Secretary, Government of East Pakistan. The appellant entered the Indian Police Service in the year 1930. After Independence in 1947 when he held the rank of Superintendent of Police he was appointed Director of Anti-­Corruption Department and crossed the efficiency bar in 1948. Between the 10th February 1949 and the 17th March 1949 Superintendents of Police junior to him were promoted to act as Deputy Inspector General of Police. In 1950 he was transferred to Karachi as Senior Superintendent of Police and while he was away at Karachi another Superintendent of Police junior to him was promoted to officiate as Deputy Inspector General of Police from May 10, 1951. He stayed at Karachi till the 31st October 1951 and then went on leave from November 1951 till he joined as officiating Deputy Inspector General of Police on…

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