Pakistan Case Law← Search
1991 SCMR 113

IDREESUL HASSAN USMANI vs GOVERNMENT OF PAKISTAN Through The

Citation1991 SCMR 113
CourtSupreme Court of Pakistan
Case No.Civil Petition No.163-K of 1990 Appeal No.7(K) of 1987
Date1990-03-28
Judge(s)Naimuddin, Nasim Hasan Shah
ResultPetition dismissed

ORDER

NASIM HASAN SHAH, J.---The petitioner was promoted as Assistant Director National Savings (BPS-17) on 12-9-1984. He was placed on probation for a period of one year, extendable by another year if the period of probation was not terminated earlier. As the initial period of probation was not terminated it, therefore, stood extended for another year. However, before the expiry of the extended period of probation, the petitioner was reverted on 10-9-1986, to the post of National Savings Officer (BPS-16). The question is whether this reversion amounted to a reduction irk rank and could only have been ordered after issuance of a show-cause notice to him?

2. The Service Tribunal has held that as the reversion was not ordered as a matter of punishment but only on account of unsatisfactory performance of work during the two years during which he occupied the higher office it could be made without issuance of any show-cause notice. The petitioner contests this position. But we agree with the view of the Service Tribunal.

3. A probationary appointment is only a preliminary step toward permanent appointment of the appointee who, during this period, is really on trial and he has to show by his good work that he is fit and suitable to hold the post which has been given to him. Accordingly, if he measures up to the demands of the said post during the period of his probation, he will be confirmed thereto, otherwise he will be relieved of the post or sent back to his original post from where he was promoted. 1n neither case is a prior hearing to be provided to the appointee because the opinion in this respect is that of the competent authority.

The result is that we find no infirmity in the order of the Service Tribunal.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search