1. ' MUSHTAR ALI KAZI (CHAIRMAN).-The appellant joined Sind Medical Service in the year 1950 and was promoted in Grade-18. On 24th July, 1972 he was transferred from the post of District Health Officer, Karachi to assume charge as Chemical Examiner C. B. Laboratory, Karachi, Complaints were received regarding delays in issuing Chemical Examiner's reports in medico-legal cases and the authorities considered it necessary to make administrative changes. A summary was accordingly put up to the Chief Secretary by the Secretary, Health Services Dr. Mohd. Saleh Memon recommending transfer of the appellant as District Health Officer, Thatta and posting of Dr. Abdul Hadi Sherwani in his place. The summary was approved by the Chief Secretary and the transfer orders dated 18th May, 1978 were issued by Prof. M. Saleh Memon as Secretary to Government. The appellant refused to hand over charge to his successor Dr. Abdul Hadi Khan Sherwani and be filed Suit No, 1803 of 1978 in the Court of 1Ind Senior Civil Judge, Karachi challenging the trasnfer order.
2. The appellant succeeded in obtaining an interim order of status quo which was later on vacated by the Court. He then filed an appeal being Appeal No, 218 of 1978 in the Court of 1st Additional District Judge Karachi, but he later on withdraw the appeal and filed another Suit No, 191 of 1978 in the Court of District Judge, Karachi. The suit was received by the 1st Additional District Judge on his file who issued stay order which was vacated by the High Court. A copy of the High Court order was officially received in the C. B. Laboratory on 24th October, 1978, but even thereafter the appellant continued to work as Chemical Examiner and continued to sign reports and registers. Dr. Sherwani was compelled to assume charge of the post and he informed Secretary Health of the position. By an order dated 31st October, 1978, the Secretary Prof. Mohd. Saleh Memon with the approval of the Chief Secretary, the authority, suspended Dr. Abdul Wadood the appellant. A show-cause notice dated 21st November, 1978 was then served on the appellant under rule 5(3) of the Sind Civil Servants (Efficiency and Discipline) Rules, 1973, proposing one of the major penalties provided in the said Rules. After getting the reply to the show-cause notice, the then Secretary Dr. Z. A. Halepota communicated the order of the Chief Secretary and the Authority reverting the appellant Dr. Abdul Wadood to a lower time scale from Grade-18 to Grade-17.
3. ' Dr. Abdul Wadood preferred a departmental appeal to the Martial Law Administrator Zone 'C', Karachi. In that appeal he attributed notices to the Authorised Officer Dr. Mohd. Saleh Memon and charged him as being an unscrupulous Officer. Hostile to him, having taken revengeful and mala fide action on account of malice. The reason for this action mentioned by Dr. Abdul Wadood in this appeal was, that the appellant bad been sacctioned arrears of Rs, 41,000 for pro forma promotion to Grade-18 with retrospective effect. Dr. Mohd. Saleh Memon as the Secretary asked for payment of illegal gratification and when the appellant refused to satisfy him, the Health Secretary hatched a conspiracy to have him transferred as District Health Officer, Thatta. The appellant throughout his memo. Of departmental appeal charged the Health Secretary as biased officer passing the order of reduction of the petitioner in order to show undue favour to Dr. W. S. Chaudhry. The al6pellant thus started this campaign of mud slinging and he did not even spare the Chief Secretany who according to him was giving protection to Dr. Mohd. Saleh Memon though he had been informed about the corruption and malpractices of Memon. Apart from these allegations against his superiors, the appellant accused Dr. Abdul Hadi Khan Sherwani for having prepared a forged document of assumption of charge as Chemical Examiner under instructions of Dr. Mohd. Saleh Memon and thereby having fabricated the official record and he charged the Secretary, Health. Mr. Abdul Hamid Jokhio Deputy Secretary Health and the Chief Secretary for having abatted the "forgery".
4. ' The above departmental appeal was considered by the Martial Law Adnnistrator Zone 'C' and was rejected by him. The appellant was in formed about it by Sectary Health by letter dated 15th October, 1980. He then filed the present appeal on 15th November, 1980 under section 4 of the Sind Service Tribunals Act, 1973.
5. ' It has first been argued by Mr. Habibullah Jatoi on behalf of the appellant, that the appellant being a Grade-18 Officer, the order of transfer passed by Secretary to Government was bad as being without jurisdiction. The learned A. A.-G. Has however shown from the departmental file that the case had been put up to the Chief Secretary with the relevant summary and the order had been issued by Secretary Health after obtaining the approval of the Chief Secretary.
6. ' It has next been argued that the enquiry had been dispensed with by the Authorised Officer and the appellant was not allowed full opportunity to lead evidence in the course of the enquiry. As recently held by the Supreme Court in Noor Mohd. Palh's case, Appeal No, K-88 of 1978 decided on February, 7, 1981, "there is no vested right in procedure and a Government servant cannot insist that disciplinary proceedings against him should be conducted in a particular manner". Since in this case the appellant had openly refused to band over charge to his successor and had called in question the order of transfer by instituting suits against the Governments no further proof was required to prove these facts and the holding of an enquiry was not, therefore, considered necessary.
7. ' Lastly it has been argued that the appellant's punishment of reduction to a lower time scale or grade without mentioning "the specific period" for which the reversion is to remain in force is bad.
8. Attention has been invited to amendment in Rule 4 (b) (i) by addition of the words after reduction "for a specific period". This amendment however came into force on 25th February, 1980 and the impugned order was passed much before the amendment on 28th October, 1979. It has been pointed out that even under para. 55 of the Civil Service Rules Manual the reversion had to be for a specific period and the amendment has been made in the Efficiency and Discipline Rules on 25th February, 1980 to rectify this error or omission. The A. A.-G. Mr. Hassan Akbar has admitted that the reversion should have been for a specific period. However it is open to issue a clarification whether the reversion is to operate from the date of the order until the date of superannuation or for shorter period that may be specified. This does not however render the punishment to be void or ineffective and it does not appear to be necessary to remand the case simply for mentioning the specific period of reversion.
9. ' It will not be out of place to mention that apart from making baseless allegations against the superior Officers of the Government which the appellant could not substantiate he has continued to defy the orders of the Government and has till this day failed to report for duty as Medical Officer, Civil Hospital, Thatta as Grade-17 Officer. It is entirely for the Government to take further departmental action against the appellant or to ignore his conduct, regarding defamatory allegations and persistence in defying the orders of transfer and posting or desertion of duty. But in view of the above conduct of the appellant no case is made out for any further leniency in awarding the punishment. The appeal is accordingly dismissed with no order as to costs.