1976 PLP 255 (SCMR)

SALAHUDDIN AHMED. J.‑--The petitioner was first appointed as a foot constable in Security Police under the Home Department in the Government of Pakistan on the 25th of February 1948, on the representation that he had passed the Middle Examination from the Government High School, Palampur, India. Later the petitioner was appointed as Assistant Sub -inspector (Security) on a purely temporary basis with effect from the 3rd of February 1975. The minimum educational qualification for this post is Middle Examination pass. It transpired that the petitioner did not possess the requisite qualifica tion. The result yeas that by an order dated the 1st of July 1975, he was reverted as Head Security Guard with effect from the 30th of June 1975. Preceding the order of reversion he bad been twice asked to produce the original certificate to show that he had passed the Middle class, and evidently he failed to do so. The petitioner having been unsuccessful in his representation to the Secretary, Interior Division, Government of Pakistan, appealed before the Service Tribunal. He contended before the Tribunal that his promotion as Assistant Sub‑Inspector was not subject to any condition. Furthermore that he having failed in the Matric Examination may be deemed to have passed the Middle Examination. Both these contentions were rejected and the appeal was dismissed by the Tribunal. The petitioner has now filed this petition for special leave to appeal. It has been contended before us that the order of reversion is illegal inasmuch as it was not preceded by a show cause notice. This contention was not raised before the Service Tribunal. The petitioner is a 'Civil Servant' within the meaning of section 2 (1) (b) of Civil Servant Ordinance (No. XIV) of 1973, and also section 2 (1) (b) of Civil Servants Act (No. LXXI) of 1973. Under section 12 thereof no such notice was necessary. Section 12 of the Ordinance as well as the pct reads as follows :‑

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12. Reversion to a lower grade or service.‑--A civil servant appointee to a higher post or grade ad hoc on temporary or officiating basis shall be liable to reversion to his lower post or grade without notice. Besides, the contention has no substance for the petitioner appears to have been asked to produce the original certificate twice before to show his educational qualification and he failed to produce it. In his representation to the Secretary, Government of Pakistan, Interior Division, dated the 28th of November 1975, the petitioner admitted that the original Middle Examina tion certificate was not with him. He said that as he had sat at and failed in the Matric Examination, he must be deemed to have passed the Middle Examination. Such an explanation had not been accepted by Service Tribunal which had the exclusive jurisdiction in the matter, and the matter must rest there. Attempts were also made before us to show that the impugned order of reversion was in contravention of Civil Servants (Appointment, Promotion and Transfer Rules, 1973). It appears that no such objection was made before the Tribunal, which alone could consider it. The learned counsel says that he was delayed in appearing before the Tribunal with the result that the matter was heard only in the presence of his client. This is nil satisfactory explanation for not raising the objection before the Tribunal. We are not satisfied that any substantial question of law of public importance is involved. The petition is accordingly dismissed. Petition dismissed.