Law:

Section:

Constitution of Pakistan (1962)---Art. 181-Reversion from officiating rank to substantive post-Does not constitute reduction in rank. Province of West Pakistan v. Muhammad Sajjad Ali Mazumdar P L D 1962 S C 71 ref. Zahoorul Haque, Advocate Supreme Court instructed by Anwar Ali Syed, Attorney for Petitioner. Nemo for Respondent. Date of hearing : 8th January 1969. ORDER MUHAMMAD YAQUB ALI, J.-The petitioner was on 29-8-1960 reverted by the Director of Agriculture from the post of Assistant Plant Protection Officer against which he was temporarily officiat­ing since 2-4-1955 for reasons of inefficiency. Subsequently he was suspended from the post of Assistant Research Officer and given a charge-sheet to the effect that he showed lack of control over the use of insecticides failed to control the damage done to the crop of potatoes and tomatoes, and failed to take suit­able action against the subordinates for dereliction of duties when the farmers reported to him about the damage done to their crops. The petitioner submitted an explanation denying res­ponsibility for the damage done to the crops of the farmers by inefficient use of the insecticides. An inquiry was eventually held by a committee of two officers of the Department who found the petitioner guilty of inefficiency. The Governor of West Pakistan thereupon passed a fresh order on 30-11-1960 reverting the petitioner "as a result of departmental inquiry held on the complaint by some members of the Basic Democracy" to his substantive post of Agricultural Assistant. As no fresh show-cause notice was given to the petitioner against the proposed action on the report of the inquiry committee he felt aggrieved by the second order of revers7on and filed a civil suit resting his claim on Article 181 of the late Constitution of 1956. The trial Court decreed the suit, but on appeal by the Government the District Judge set aside the decree on the view that as the petitioner did not hold the post of Assistant Plant Protection Officer substantively, his reversion did not amount to reduction in rank within Article 181. On a further appeal by the petitioner the High Court has upheld this view and armed the dismissal of his…

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