Government Servant

Supreme Court observed that a Government servant's loyalty must always be to the Constitution, the law and the people, whose taxes paid his salary and who would also be paying for his pension; that a government servant's overt anxiousness to please politicians and project the political views of a political party must be frowned upon

Applications were disposed of.

Evidence of two prosecution witnesses was closed on the ground that the prosecution had failed to produce them despite sufficient opportunities

Validity

Admittedly, witnesses were Police Officials and were in service of the State

Trial Court did not summon them through the Head of the Department

Section 72, Cr.P.C., provided that the court should issue summon ordinarily to the Head of the office in which such person was employed

Trial court before passing the impugned order having not applied the procedure provided by law was directed by the High Court to summon the witnesses through Head of the office in which they were employed.

Termination notice could be given retrospective effect.

Under the Constitution no one could be permitted, even though he might be the head of a department, to purchase all the plots for himself, or to give out the same as per his own choice.

Art. 177 read with Arts. 98, 176 & 234-Government servant-Protection under Art. 177-Canteen Stores Department inaugurated as a Government undertaking with effect from 1-1-1948 under Ministry of Defence converted into non-Government commercial concern in 1959Person appointed as Assistant in Canteen Stores Department in September 1948, not holding a post in any classified service at time of termination of his services in 1968-Held, such person having been employed by Government in connection with defence was not entitled to constitutional protection under Art. 177-Order of High Court holding that termination of service of such person without affording .him opportunity to show cause amounted to denial of constitutional protection set aside.

Presumption exists as to official acts being regularly performed-Departmental file containing a copy of reply sent to petitioner concerning his departmental representation and such communication addressed to petitioner exactly on same address on which order of rejection sent hence no reason why earlier order should not have been received by Petitioner, held, ought to have, after expiry of statutory period of 90 days, filed an appeal within 30 days thereof before Tribunal and not having done so his appeal time barred and no case made out for interference by Supreme Court - Constitution of Pakistan (1973), Art. 212.-[Civil services].

Constitution of Pakistan (1973), Art. 185(3)-Government servant-Promotion–Injunction against Government-Case of petitioner a simple case of promotion on condition of keeping him on special report for six months to assess his ability-Record showing reports being made of disobedience of orders of his officers by petitioner-Trial Court in circumstances could not insist upon retention of petitioner as promoted-High Court, having found District Judge acting illegally and irregularly in exercise of his jurisdiction in granting injunction and in not acting according to dictums of Supreme Court not to grant injunctions in such cases, held, rightly interfered with his orders.

12(a) & 12(b)-7,-Government servant-Lien-Letters issued by Government concerned- showing respondent having held a lien in one its department

Respondent, held, could not at same time hold a permanent post in appellant organisation on being sent on deputation such organization and could be reverted back to parent Department-Courts below, in circumstances, held further, erred is granting a temporary injunction in favour of respondent restraining appellant corporation from reverting respondent to his substantive appointment

( Civil service]

Seniority-Appeal-Appeal before departmental authority provided for-No appeal lies to Service Tribunal unless Government servant first files appeal before such departmental authority and a period of 90 days elapsed and no action taken-Service Tribunal in circumstances justified in dismissing first appeals filed without approaching departmental authorities-Authority making order being Chief Secretary, authority competent to hear departmental appeal : Chief Minister-Appellants having filed appeals before Chief Secretary and not before Chief Minister competent authority, appellants, held, could not be said to have fulfilled conditions for filing appeal before Service Tribunal and Second appeals before Service Tribunal also being not competent rightly rejected.-

Promotion to higher rank-Cannot be demanded by way of right-Demand for a decision in relation to such matter, however, a vested right.

Not covered by phrase "terms and conditions of service"-Writ petition could be filed only wrath regard tea condition and terms specified in Constitution

Prospects of promotion not being specified In Constitution, petition with regard to such prospect, held incompetent.

Sole judge of weight of evidence-High Court would not go into question of evidence unless case of no evidence made out.

r. 1.8-Government servant-Pension-No longer a bounty but a right-Cannot be reduced arbitrarily-Pension, however, not given as a matter of course and can be reduced if service not thoroughly satisfactory-Such power, however, exercisable only before pension actually sanctioned -Civil Service Regulations, Art. 470.

Art. 98-Government servant-Policy/decision of Government affecting neither remuneration nor rank nor superannuation of employee-Cannot be impugned in writ petition.

Government servant-Promotion-No one has vested right to promotion-Prospects of promotion cannot be included in conditions of service-Nor can they be enforced by proceeding under Art. 98, Constitution of Pakistan (1962).

Government servant-Promotion-Reduction in rank-Reversion from officiating higher post to substantive post-Held, does not amount to reduction in rank.

Art. 177-Government servant-Removal from service-Employee of Municipal Corporation-Not an employee of Government to benefit by guarantees and safeguards provided in Art. 177.

Integration on equation of posts as a result of integration of West Pakistan-Hold, not retrospective but prospective taking effect from 14-10-1955 and onwards Post of petitioner, District Procurement Officer (in Bahawalpur) integrated with a comparable post of respondent, - District Food Controller (in Punjab) with elect from 14-10-55 Petitioner having joined past (on 1-7-1952) later than respondent (on 1-1-1950), to rank junior to latter-Government of West Pakistan Services and G. A. Department Circular Letter No. 871-Integ. 55/4471, dated 25-11-55.

Government servant-Appeal Affording opportunity of being heard-Not a necessary requirement in each and every case-Government servant served with charge, given opportunity of explanation at the outset and heard at inquiry stage-No right of personal hearing at appeal stage accrues-Giving of fair and full opportunity of making representation-Only requirements of natural justice-Appellate authority rejecting appeal after due consideration, appellant, held, had no right to be personally heard in circumstances of case.

Constitution of Pakistan (1962), Art. 98 read with Art. 178(3) and Punjab Financial Rules, Vol. 1, r. 7.3-Government servant-Age of superannuation-Representation for correction of date of birth recorded in Service Book made long after prescribed period of 2 years-Government servant concerned, held, had no legal right which High Court could enforce by issuing writ under Art. 98Leave to appeal refused.

Art. 98 - Government servant-Promotion-Fixation of pay-Laches-Good deal of delay in approaching High Court, on part of appellant-Orders passed by Government in 1955 and 1957-Interference in 1967 with such orders, held, would cause serious upset in arrangements made in intervening long period of time and create irreparable disturbance Grant of relief by issuing writ declined, in circumstances-Central (Non-Gazetted) Civil Services (Revision of Pay) Rules, 1949, r. 8(a)-Constitution of Pakistan (1956), Art. 170.

Constitution of Pakistan (1962), Art. 98-Government servant-Enforcement of conditions of service-Jurisdiction under Art. 98 confined only to terms and conditions specified in Constitution itself-Disturbance of seniority-Does not fall within category of cases for which constitutional remedy could be invoked.

Government Servant Seniority-Supersession of G, by his juniors, totally illegal and in contravention of Rules of service applicable to him-Civil suit seeking declaration of seniority and permanent injunction for fixation of seniority-Held, not barred

Declaration granted that G was senior to defendants who had superseded him and permanent injunction issued directing Government to fix G's seniority in accordance with law-Specific Relief Act (I of 1877), Ss. 42 & 56.

Government Servant Superannuation-No civil servant has vested right to claim extension of service beyond period of superannuation.

Government servant, fixation of pay of-Government servant appointed in usual time scale of pay but his initial pay fixed at lower scale and usual scale promised on passing departmental examinations-Government having exercised its power to fix pay at lower rate at time of making appointment, benefit of other rules regulating pay, in circumstances, held, cannot be availed of unless such other rules reconcilable with terms and conditions of appointment.

Government Servant Government servant-Probationer and officiating appointeeDistinction-Fundamental Rules, r. 9(6), Audit Instruction No. 2.

Permanent Government servant remaining absent for more than five years continuously served with order reciting that he " . . . . . ceases to be in Government employ"

Such order making severance of holder of post from post, held, amounts to removal within meaning of Art. 177, Constitution of Pakistan (1962) and hence could not be passed without giving reasonable opportunity to show cause

Employee, held, shall be deemed to be still in service-Constitution of Pakistan (1962), Art. 98.

Civil Procedure Code (V of 1908), O. XXXIX, r. 2-Government servant-Suit for declaration that removal from service illegal Temporary injunction issued restraining Government from removing plaintiff from service-Suit filed after about one month from date of order of removal from service and order of removal having become effective-Injunction, held, should not have been issued in circumstances. V

-Termination of services-Natural justice, principles of-Allegations about employees' efficiency although existing in office note yet orders terminating their services not containing any charge or stigma but offering one month's pay in lieu of notice on sole ground of their services being no longer required-Such orders cannot be regarded as terminating employees' services by way of penalty-Principle of natural justice requiring affording opportunity to show cause not attracted in circumstances.

Constitution of Pakistan (1962), Art. 98 read with Standing instructions in Services and General Administration Department Memo. No. SO-XII-1-207158 dated l7th February 1959-Government servant-Dismissal from service-Natural justice, rules of-Petitioner Government servant admittedly writing letters to State dignitaries and a foreigner depicting his unpatriotic and anti-Pakistan feelings and unauthorisedly visiting a foreign country in violation of Standing instructions-Petitioner making attempt to explain circumstances, leading to writing of impugned letters when appearing before Inquiry Committee and giving no satisfactory explanation to a second show cause notice-Typed copy of record of inquiry maintained in Court's file available for petitioner's inspection-Adequate opportunity, held, in circumstances, given to petitioner to explain charge and no rule of natural justice contravened-Special Leave to Appeal refused-West Pakistan Government Servants (Efficiency and Discipline) Rules 1960, rr. 3 (d) & 4 (4).

Government of India Act, 1935, S. 240 (3)-Constitution of Pakistan (1962), Art. 177-Government servant-Termination of service-Constitutional protection of show-cause notice-Extends to persons in temporary service of-indefinite duration.

Government servant-Reduction in rank-M, an officer of Provincial Taxation Service accommodated in Central Taxation Service and appointed to a specially created extra-cadre post known as Appellate Officer, Sales Tax on same scale of salary as drawn by him in former position-Subsequently post Appellate Officer abolished-Held : M, on abolition of post could not claim, as a matter of right, revival and continuity of post nor appointment to an exactly equivalent job of same status and powers which may not be available.

Departmental inquiry Employee suspended and charge sheeted by Deputy Registrar-On objection that Deputy Registrar not competent to do so-Fresh charge-sheet submitted Contention that suspension of employee till time of validation by Registrar without lawful authority-Held, not sound-Order of suspension not penalty and does not violate any legal right vesting in suspended-officer.

Government servant-Reversion from officiating post-Does not amount to reduction in rank.

Rules framed by Posts and Telegraphs Department for recruitment and training of Engineering Supervisors- Rule 28 of the Rules, determining relative seniority of cadre of Engineering Supervisors, makes it clear that a batch of selectees after one examination would be deemed to have been appointed at the same time regardless of fact whether they take their training together or separately in different groups and are posted to their jobs on different dates-Seniority inter se would depend on number of marks obtained by each in final examination held on completion of their training.

Arrears of salary, right to sue for-Civil servant has right to recover arrears of salary already accrued and due to him-English doctrine of "bounty of State"-Exposition of law and reasons therefore given by Privy Council in I. M. Lall's case-Constitutional status of Government of Pakistan not same as that of Crown in England High Commissioners for India and Pakistan v. I. M. Lall P L D 1948 P C 150 dissented from and State of Pakistan v. Mehrajuddin P L D 1959 S C (Pak.) 147 overruled]-Constitution of Pakistan (1962), Art. 178(3).

Terms and conditions of service of a public servant (save those relating to remuneration or age of superannuation which, are guaranteed under Art. 178) may be varied by Rules made by competent authorities-Terms and conditions of service ordained in N.-W. F. P. Police Service Rules regarding confirmation and seniority-Not those specified in Constitution itself and as such jurisdiction under Art. 98 cannot be invoked in respect of such matters-N.-W. F. P. Police Service Rules.

Government Servant Special leave to appeal to Supreme Court-Granted to consider question: whether vested rights of seniority in cadre of an established service (Railway Guards) can be said to arise, for enforcement through law, only on date of induction into permanent section of that service or whether they exist and are enforceable even before confirmation.

S. 172-A (4) and Criminal Procedure Code (V of 1898), S. 197 and Land Customs Act (XIX of 1924), S. 3 read with Central Government Ministry of Finance Notifications Nos. 23-C dated 25-5-1954, 50-C dated 28-8-1954, 61-C dated 12-10-1954 and S. R. 0. 763-K dated 4-7-1960Government servant-Sanction to prosecute -Government by Notification appointing officers of Central Excise as ex officio Land Customs Officers-Such officers deemed to have been appointed by Central Government-Benefit of provisions of S. 172-A (4) available to such officers and no prosecution or other legal proceeding can be taken against them without sanction of Central Government.

Government servant-President's order revising scale of pay of Lower Division Clerks not implemented by Department concerned Department's contention that President's order was passed by mistake and it was cancelled by Ministry concerned, held, had no force and since President's order had not been countermanded the Department was obliged to implement it-Constitution of Pakistan (1962), Art. 98.

Arts. 177 & 98-Natural justice, principles of -Government servant-Notice to show cause Compulsory retirement challenged on ground of no reasonable opportunity to show cause having been given-Inquiry Officer not shown to have taken any step not sanctioned by rules or to have acted contrary to them, nor officer concerned in any manner prejudiced at any stage during inquiry proceedings-Interference with order of retirement held rightly declined by High Court.

Government Servant -"Officiating", appointment-Continuous officiation not specifically authorised by any law and Government or competent authority continuing to treat incumbent of a post as officiating-Purpose: to retain extra disciplinary powers-Determination, whether or not such condition validly attached and continued with post or appointment-Held, cannot be left entirely to discretion of Government or competent authority-Condition of "officiation" found to be unlawful or continued in an unlawful manner-Court cannot permit Government or competent authority to retain extra-constitutional power of arbitrary termination of service so as to defeat constitutional guarantees available to civil servants and would not give effect to such conditions.

Enquiry should not violate basic rules of natural justice-Enquiry held by biased officer and report placed before competent authority without informing him of accused having protested against appointment of such Office as Enquiry Officer-Contention that order passed by competent authority on basis of such report not vitiated on account of bias of Enquiry Officer-Held, not tenable.

Government Servant -Age-No law provides that date of birth recorded in Matriculation Certificate should, irrespective of other evidence, be considered sole conclusive proof of age of Government servant.

Government Servant -Rule of master and servant-Not applicable to employees of Municipal Committees-Municipal Committee exceeding limit of law-Servant of Municipal Committee affected by such act, held, entitled to bring action by way of civil suit or writ petition-Constitution of Pakistan (1962), Art. 98.

Approbation and reprobation-Government in a previous pending litigation obtaining leave to appeal from order of High Court by which benefit of war services was given to a number of Assistants employed in Civil Secretariat and yet subsequently itself granting presumptive seniority to some other employees on basis of war services benefit -Special Leave to Appeal granted by Supreme Court to person whose seniority had thus been affected adversely.

Government Servant -Principle of locus poenitentiae (power of receding till a decisive step taken) is available to Government or relevant authorities-Authority competent to make order has power to undo it-Order, however, cannot be withdrawn or rescind ed once it has taken legal effect and certain rights created in favour of any individual-General Clauses Act (X of 1897), S. 21.

High Court in writ petition directing re-instatement of Government servant-Question whether High Court was right in quashing impugned order which had been made in implementation of decision of Council of Ministers-Special Leave to Appeal granted by Supreme Court to consider question.

Arrears of salary-Judgment in P L D 1959 S C (Pak.) 147 does not relieve Government of all ethical notions or absolve of its moral obligations-Government should act honestly and conscientiously and arrears of salary should not be refused en bloc irrespective of merits of individual case.