Law:

Section:

Punjab Revenue Department (Revenue Administration and Posts) Rules, 1990Sched.Constitution of Pakistan (1973), Art. 199—Constitutional petitionReversion of civil servant to lower posts without notice­ValidityViolation of principles of natural justiceEffectOne Naib­-Tehsildar and some confirmed Kanugos were reverted as Patwaris without affording them opportunity of hearing or giving showcause notice­Reversion without showcause notice or opportunity of being heard was not warrantedEven ad hoc Kanugo Girdawars were entitled to right of hearing­Impugned order demoting petitioners was violative of the principles of natural justice 'viz. "none to be condemned unheard "Impugned order on such ground alone was without jurisdiction and High Court could entertain Constitutional petitionRespondent, also had no authority to revert petitioner (NaibTehsildar) by two steps from NaibTehsildar to Patwari, for his appointing authority was Commissioner and not respondentRespondent had levelled a stigma of using of political influence against petitioners without issuing any showcause notice or asking any explanation from them­Such order without hearing could not be passed under lawPromotion of some of petitioners was made under old Rules and by applying new Rules of 1990, they had beers illegally revertedRights accrued to petitioners under old Rules could not be taken away arbitrarily without affording them opportunity of hearing Impugned order of reversion tested on the touchstone of principle of natural justice was clearly without jurisdiction­Impugned order was declared to be without lawful authority and of no legal effect. Muhammad Aslam and others v. Government of the Punjab and others 1995 PLC (C.S.) 419; Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738; Malik Hayat v. Supreme Appellate Court of Sindh11 at Karachi and 2 others PLD 1995 SC 505; Islamic Republic of Pakistan v. S.A. Rizvi 1992 SCMR 1309; Imam Bakhsh and 4 others v. Deputy Commissioner, Layyah and 16 others 1992 SCMR 365 and Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232 ref. JUDGMENT Through this Constitutional petition under Article 199 .of the Constitution of the Islamic Republic…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492