1. ' ABDUL KADIR SHAIKH, J.---This appeal by leave has arisen out of the following facts and circumstances: ' Respondent who was an Assistant Engineer in the Department of Communications and Works, Government of Sindh, was promoted as Executive Engineer on probation for one year extendable to two years under the notification dated 21st April, 1981 reproduced hereunder:- "NOTIFICATION ' No,EI(C&W)1-187/74-III.--On the recommendation of the Departmental Promotion Committee, the Government of Sindh are pleased to order the promotion of Mr. Ali Gohar Abro, Assistant Engineer (in Grade 17) in 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 Goher Abro as Executive Engineer are being issued separately."
2. ' After respondent completed the probationary period of two years, no order for extension or otherwise of the said period was issued and according to the record before us his case was placed before the Departmental Promotion Committee on 6th March, 1985 for consideration. According to the written statement filed on behalf of the appellant before the Service Tribunal, the Departmental Promotion Committee found respondent's record 'as average and with poor reputation on integrity enjoyed by the officer'. He was therefore, reverted to his post as Assistant Engineer under notification dated 18th July, 1985 which reads as follows:- "NOTIFICATION ' Nd.EI (C&W)1-187/74(85):--With the approval of the Competent Authority, Mr. Ali Gohar Abro, officiating Executive Engineer Provincial Buildings Division, Badin is reverted as an Assistant Engineer.
3. ' On his reversion his services are placed at the disposal of the Chief Engineer, Buildings Department for further posting."
4. ' Respondent challenged the order of his reversion to the lower post in a departmental appeal and since no decision was made by the appellate authority within the statutory period of 90 days he filed an appeal before the Sindh Service Tribunal, Karachi which was allowed by the impugned judgment on the ground that since 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 him owing to his unsatisfactory service record and he was entitled to a show-cause notice before the penalty was awarded to him.
5. Leave to appeal was granted by this Court in order to examine the submission, inter alia, that the impugned order of respondent's reversion by the notification dated 18th July, 1985 was an order of reversion simpliciter which casts no blemish on the respondent and the Service Tribunal was not justified in basing its order on the observations of the Departmental Promotion Committee as these are internal proceedings of the Government, and not relevant for determining the legality of the order of reversion whose validity depends on the terms of the notification dated 18th July, 1985 alone.
6. ' Facts of the case are not disputed before us and the question therefore, arises as to the legality of the impugned order of respondent's reversion by the notification dated 18th July, 1985. In this connection, it will be relevant to refer to the provisions of law relating to probation of a civil servant under the Sindh Civil Service Act, 1973, and the rules made thereunder. Under Chapter 2 on the subject of terms and conditions of service of civil servants, sections 6, 7 and 11 relate to probation, confirmation and termination of service of civil servants which read as under:- "(6) Probation. --(1) An initial appointment to a service or post referred in section 5, not being an ad hoc appointment, shall be on probation as may be prescribed.
(2) Any appointment of a civil servant by promotion or transfer to a service or post may also be made on probation as may be prescribed.
(3) Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course on successful completion of any training, a person appointed on probation to such service or post who before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,--
(a) if he was appointed to such service or post by initial recruitment, be discharged; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged: ' Provided that, in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority.
(7) Confirmation. --(1) A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.
(2) A civil servant promoted to a post or grade on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
(3) There shall be no confirmation against any temporary post.
(4) A civil servant who, during the period of his service, was eligible to be confirmed in any service or against any post retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation in such service or post or any benefits accruing therefrom.
(11) Termination of service. --(1) The service of a civil servant may be terminated without notice--
(i) during the initial or extended period of his probation: ' Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one grade, cadre or post to another grade, cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such grade or cadre, but he shall be reverted to his former grade, cadre or post, as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of a selection authority, on the appointment of such person."
7. ' The rules that regulate the probation and confirmation of a civil servant incorporated in Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1973 in Part I and Part II, are as under:-- "PART I PROBATION
(2) A person appointed to a post by initial recruitment shall be on probation for two years and a person appointed otherwise may, if the appointing authority so directs, be on probation for one year.
8. ' Explanation: Service on deputation to an equivalent or higher post shall count towards the period of probation.
(3) The appointing authority may, for reasons to be recorded in writing,--
(i) curtail the period of probation;
(ii) extend the period of probation by a period not exceeding one year at a time, and during or on the expiry of the extended period, pass such orders as are passed during or on the expiry of the initial probationary period: ' Provided that if no orders are passed by the day following the completion of--
(a) the initial probationary period, the period of probation shall be deemed to have been extended by one year;
(b) the extended period of probation, the appointment shall be deemed to be continued until further orders. PART II CONFIRMATION
(4) Confirmation of a civil servant shall be made in the order of seniority in a permanent post on which no other civil servant holds any lien.
(5) On confirmation of a civil servant in a post, his lien, if any, on any other post shall stand terminated.
(6) No civil servant who holds a lien on any post in any department shall be confirmed in any post in any other department unless its consent and the consent of the department, where he holds such lien, has been obtained in writing.
(7) A civil servant eligible for confirmation in more than one post, shall be confirmed first in the lower post and then in th higher post from the dates he is due for confirmation in such posts.
(8) If a civil servant becomes due for confirmation, his confirmation shall not be deferred unless disciplinary action is pending against him or the appointing authority for the reasons to be recorded in writing defers his confirmation: ' Provided that if during the deferment of the confirmation of a civil servant his junior becomes due for confirmation, the post in which such senior civil servant is due for confirmation shall be kept vacant and the junior civil servant shall be confirmed in the next available post."
9. Now with reference to the above legal position it would be seen that on promotion respondent was placed on probation for one year extendable to two years and this was quite permissible under subsection (2) of section 6 of the Act and if no orders are passed on the day following the completion of the extended period of probation, his appointment is deemed to be continued until further orders in terms of proviso (b) of Rule 3 of the Rules. The position that thus emerges is that on 18th July, 1985 when the respondent was reverted as Assistant Engineer he was yet on the extended period of probation. It has been held by this Court in Muhammad Siddiq Javaid Chaudhry v.
10. Government of West Pakistan PLD 1974 SC 393 that a probationer is a person who is taken in service subject to the condition that it will attain a sure footing only if during ,the period he is on probation he shows that he is a fit person to be retained is service. It was further held in that case that 'if the service of a probationer is terminated on the ground of, unsatisfactory work that will not amount to dismissal or removal from service, such termination will be in terms of the contract or the rules made by the Government, but if the service of a probationer is terminated on the ground of misconduct that will amount to removal or dismissal' for that will be a stigma against him. The record shows that the petitioner was reverted to his original post in (Grade-17 on account of unsatisfactory service, and not on the ground of misconduct which would amount to stigma against him.
11. ' On these facts, the view that has prevailed with the Service Tribunal cannot be sustained in law and for these reasons this appeal must succeed and it is accordingly allowed with the result that the impugned judgment of the High Court is set aside.