P L D 1958 (W (PLP)
BASHIR AHMAD QURESHI‑Petitioner Versus THE PROVINCE OF WEST PAKISTAN‑Respondent
| Citation | P L D 1958 (W (PLP) |
| Forum / Court | |
| Bench Members | S. A. Rahman, C. J. and J. Ortcheson, J |
| Parties | BASHIR AHMAD QURESHI‑Petitioner Versus THE PROVINCE OF WEST PAKISTAN‑Respondent |
Q1: What are the key laws and sections cited in P L D 1958 (W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1958 (W (PLP)?
The case was heard and decided by the bench comprising: S. A. Rahman, C. J. and J. Ortcheson, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1958 (W (PLP) (BASHIR AHMAD QURESHI‑Petitioner Versus THE PROVINCE OF WEST PAKISTAN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Muhammad Iqbal for Petitioner.
- S. A. Mahmood A. A. G. for Respondent.
Headnotes / Summary
Government of India Act, 7935, S. 240 (3)‑Permanent Overseer put on to officiate as S. D. O. in Engineering service for indefinite period "till further orders"‑Entitled to show‑cause notice before reversion to post of Overseer‑(Constitution of Pakistan Art. 181 (2)). The petitioner was one of the permanent Overseers put on to officiate as S. D. O's. in the Engineering Service. The appointment was for an indefinite period till further orders". Petitioner was later reverted to post of Overseer without a show‑cause notice under section 240 (3), Government of India Act, 1935. Held, that the reversion amounted to reduction in rank and a kind of punishment as petitioner's juniors with similar qualifications were being retained as S. D. O's. It was incumbent on the authorities concerned to give him a reasonable opportunity of showing‑cause against the action proposed to be taken against him. Petitioner was ordered to be reinstated till his reversion was decided upon according to law.
Judgment & Decree
Held, that the reversion amounted to reduction in rank and a kind of punishment as petitioner's juniors with similar qualifications were being retained as S. D. O's. It was incumbent on the authorities concerned to give him a reasonable opportunity of showing‑cause against the action proposed to be taken against him. Petitioner was ordered to be reinstated till his reversion was decided upon according to law. Sardar Muhammad Iqbal for Petitioner. S. A. Mahmood A. A. G. for Respondent. S. A. RAHMAN, C. J.‑--The facts of the case are not in dispute. The petitioner was one of the permanent Overseers put on to officiate as S. D. O's. in the Engineering Service under the respondent. He was reverted on 15th April 1954, while his juniors were retained in officiating positions as S. D. O's. The appointment in each case was for an indefinite period "till further orders". The petitioner was not appointed to officiate as S. D. O. in a leave vacancy or other vacancy limited in time. No inquiry was held and no chance given to the petitioner to offer any defence, before it was decided to revert him to his substantive position. In these circumstances, it is quite clear to us that his reversion amounts to a reduction in rank. The implication that this was being done as a kind of punishment would be absolutely clear from the fact that his juniors with similar academic qualifications as he possesses are being retained as S. D. O's. The provisions of section 240 of the Government of India Act 1935, (corresponding Article 181 of our new Constitution) were attracted by the case and before he would be reverted it was incumbent on the authorities concerned to give him a reasonable opportunity of showing cause against the action proposed to be taken against him. The order of reversion was therefore vitiated and bad in law as the statutory provision bearing on the point were disregarded. We issue a writ of mandamus to respondent to reinstate the petitioner as S. D. O. with effect from the date of the illegal order of reversion refereed to above and to retain him in that position till his reversion is decided upon in accordance with law. There will be no order as to costs. S. D. A./A. H. Petition accepted.