Law:

Section:

(a) Civil service-------Demotion---Principles of natural justice, violation of---Civil servant who initially was appointed as Foot Constable, was finally promoted as Assistant Sub-Inspector, but was demoted as Constable without holding any inquiry or affording him any opportunity of hearing before said demotion simply on the ground that promotion was trade against the relevant rules---On tiling of appeal against the demotion order, Service Tribunal set aside order of &motion holding that principle of natural justice had been violated in demoting the civil servant---Justification---Before passing an adverse order against the civil servant, it was essential to give him a notice for personal hearing and same could not be dispensed with unless there was a specific provision in the relevant law that the services of civil servant could be terminated or he could be demoted without serving prior notice upon him--­Contention that promotion of the civil servant made during the period of probation was ab initio void and no question was of serving notice on the civil servant before recalling his promotion, orders, was repelled because a vast difference existed between an order which was ab initio void and one which was violative of some rule---In absence of allegation that order of promotion of the civil servant was made by Authority which had no jurisdiction, order of promotion of the civil servant could be illegal but same could not be regarded to be ab initio void---Orders of promotion having been acted upon, same could not be recalled even if same were suffering from any legal infirmity, without providing the civil servant opportunity of hearing. Abdul Khalil v. Manzoor Ahmed and 5 others 1998 PLC (C.S.) 1396; Karachi Port Trust v. Altaf Ahmed and another 1996 SCMR 12.05; Malik Zaffar Ali v. Inspector-General of Police 1995 SCR 234; Azad Jammu and Kashmir Government v. Muhammad Siddique Haidri 2000 PLC (C. S.) 714; Azad Government and other v. Muhammad Munsaf and others Civil P.L.A. No.65 of 1998; Muhammad Siddique Javed Chaudhry v. The Government of West Pakistan PLD 1974 SC 393 and Hussain Ahmed Islahi v. Azad Government and another 1992 SCR 370 ref. (b) Natural…

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