Law:

Section:

Civil serviceReversionCivil servant was reverted from the post of Assistant to that of Junior Clerk on charges of inefficiency and misconductCharges on basis of which civil servant was reverted were of general nature and no enquiry was held against himCivil servant was appointed to the post of Assistant by direct recruitment and not by promotionReversion of civil servant from post of Assistant, thus would amount to his termination which was not legally permissiblePenalty of reversion was converted into that of withholding of two annual increments for two years, in circumstances. Walid Ansari for Appellant. Azizur Rehman, A.A. G. for Official Respondents. Date of hearing: 15th February, 1995. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). By order dated 941994 of the Commissioner, Sukkur, appellant, Syed Ghulam Mahdi Shah was reverted from the post of Cypher Assistant to that of Junior Clerk. He was awarded the said penalty on conclusion of the departmental action taken against him. The appellant's reversion order was first passed on 8111993 which was however withdrawn in consequence of the departmental appeal filed by the appellant against the said order. Thereafter, the showcause notice dated 18121993 was served on the appellant. The said showcause notice is reproduced as under: "Whereas your performance has not been found to be up to the mark and you have committed the following acts of inefficiency and misconduct: (1) That for your inefficient and improper working in the post, you have been placed under suspension thrice. (2) That it has been made out recently that you have connection with notorious criminals and provide shelter to your brotherinlaw namely Sultan Shah, who is a notorious criminal and proclaimed offender. Besides you were also detained by the police in the days of former Commissioner Syed Roshan Zamir for such activities. (3) That you are taking undue advantage of your official position by providing secret information to the criminals. (4) That you take part in criminal activities i.e. theft etc. A case of theft vide' F.I.R. No. 108/93 under sections 452, 342, 17/3, dated 19111993 has also been registered in which you have been shown as accused. (5)…

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