Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199 & 212---Constitutional petition---Civil service---Reversion from the highest post to the lowest in the cadre---Non-issuance of any show-cause notice---Principle of natural justice---Applicability---Competent Authority before reverting the petitioner, had neither issued any show-cause notice to the petitioner, nor he was provided any opportunity to be heard in the matter---Reversion from the higher post to the lowest in the cadre, tantamounted to penalty for which the petitioner should have been provided an opportunity by issuance of show-cause notice---All the procedural formalities provided in the Service Rules had to be followed before inflicting any penalty on a civil servant---Competent Authority acted in arbitrary manner and grossly violated the principle of natural justice---Order of Competent Authority reverting the petitioner from the higher rank to the lowest in the cadre was without jurisdiction, illegal and bad in the eyes of law. Malik Allah Yar Khan for Petitioner. Nemo for Respondents. ORDER The petitioner was appointed as Constable in the police department in 1976. He was promoted as Head Constable and then as A.S.I. and posted in Traffic Highway Police on the order of Inspector-General of Police, Punjab. The impugned order (Annexure-F), dated 9-1-1996 was passed whereby his transfer from Traffic Highway Police to Special Branch was cancelled. However, in the endorsement recorded in the aforesaid order, the petitioner was shown as constable instead of A.S.I. and transferred from Traffic Police, Punjab to Lahore District Police,, with immediate effect. 2. Feeling aggrieved of the aforesaid order, the present writ petition was filed by the petitioner on the ground that he could not be demoted from the rank of A.S.I. to that of constable in arbitrary manner. In this regard, it was contended that before passing the impugned order, the competent Authority, did not issue any show-cause notice to him nor he was provided an opportunity to be heard. As such it was submitted that the impugned order was bad in the eyes of law. 3. The learned counsel for the petitioner has made a reference to the comments…

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