1989SCMR473 (PLP)

NASIM HASAN SHAH, J.‑‑The respondent, who was an Assistant Engineer in the Province of Sind, was promoted on 21‑4‑1981 as Executive Engineer on probation for one year extendable to two years. The notification issued in this behalf is re‑produced below:‑‑ "NOTIFICATION No.E‑1(C&W)1‑187/74‑

111. On the recommendation of the Departmental Promotion Committee, the Government of Sind are pleased to order the promotion of MrAli Gohar Abro, Assistant Engineer (in Grade‑17) m Communications and Works Department, as Executive Engineer (in Grade‑18) on probation for one year extendable to two years.

2. Posting orders of Mr. Ali Gohar Abro as Executive Engineer are being issued separately." His case was placed before the Departmental Promotion Committee on 6‑3 1985 for determination of his probationary period. However, keeping in view of his record it was decided to rescind his promotion under section 12 of the Sind Civil Servants Act, 1973. The notification of reversion is re‑produced below:‑‑ "NOTIFICATION No.EI(C&W)1‑187/74(85): With the approval of the Competent Authority, Mr. Ali Gohar Abro, officiating Executive Engineer, Provincial Building Division, Badin, is reverted as an Assistant Engineer. On his reversion his services are placed at the disposal of the (sic) Engineer Buildings Department for further posting." This reversion was challenged by the respondent by an appeal before the Sind Service Tribunal which allowed the appeal on the ground that as the respondent was reverted on account of his average service record and poor reputation of integrity, the order of reversion was clearly a punishment inflicted on the respondent owing to his unsatisfactory service record and he was entitled to a show‑cause notice before awarding the said penalty. For coming to this conclusion the Service Tribunal relied upon the proceedings of the Departmental Promotion Committee which were reproduced in the reply submitted before the Service Tribunal. Its terms were:‑‑ In its meeting held on 6‑3‑1985, the D.P.C. revised the case of Mr. Abro. Finding his record as average and with a poor reputation on integrity enjoyed by the officer, it was decided to rescind Mr. Abro's promotion under section 12 of the Sind Civil Servants Act. After obtaining the approval of the appointing authority, he was reverted as Assistant Engineer vide notification dated 18‑7‑1985" The submission, inter‑alia, made before us is that the impugned order of reversion was an order of reversion simpliciter and there was nothing in the notification of reversion which casts any blemish on the respondent and the Sind Service Tribunal was not justified in basing its order on the observations of the Departmental Promotion Committee, as these were internal proceedings of the ‑Government and were not relevant for determining the validity of the order of reversion whose validity depended on the trams of the notification dated 18‑7 1985 alone. MA.K./C‑27/S Leave granted.