Law: Constitution of Pakistan, 1973

Section: 185(3),199

Law: Law Reforms Ordinance, 1972

Section: 3

(a) Civil Service--- ----Promotion---Promotion on trial basis---Case not considered by competent authority within period fixed in promotion order---Promotion to be confirmed 'on expiry of period prescribed in order---Scope---Relevant documents not produced with constitutional petition before High Court---Production of such documents in intra-court appeal---Employee was promoted on 31-5-1997 on recommendation of Departmental Promotion Committee---Competent Authority thought that employee's promotion, though against existing vacancy, was to be only for six months extendable for a further period of six months and that during this period employee was to remain on special report for the purpose of evaluation of his performance---Employee on 8-6-1998 was, however, reverted to lower. post on account of evaluation of his performance and against such reversion order, employee filed constitutional petition which was accepted by High Court and intra-court appeal filed thereagaisnt by Department was dismissed---Department contended that employee had been promoted on recommendation of Departmental Promotion Committee on temporary basis with certain conditions and that proper procedure was adopted and after issuing show-cause notice to employee and completing other legal formalities, he was reverted---Validity---Reversion order dated 8-6-1998 was bad; firstly, because it never said that order had been passed by competent authority; secondly said order had been passed without any notice to employee and without mentioning any reason which had weighed in alleged evaluation of his performance and for which reason his performance had allegedly fallen short of required standard---Whether reversion of employee to lower post was to have been ordered without undertaking requisite proceedings as reversion to lower post was a punishment provided for misconduct, was doubtful---Competent authority could not impose condition on trial basis for one year on employee's promotion as he failed to show any rule on the basis of which it catered for such an extraordinary condition, especially when Departmental Promotion Committee had not imposed any such condition---Case of employee was not…

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