| Case ID |
431902f1-0d7e-42da-9ffe-40cf58033b9d |
| Body |
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| Case Number |
Civil Appeal No.72-K of 1988 |
| Decision Date |
Feb 07, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the judgment of the Sindh Service Tribunal which had ruled that the reversion of Ali Gohar Abro was a punishment due to an unsatisfactory service record. The Court clarified that the reversion was not a stigma, as it was based on average performance rather than misconduct. The decision emphasized that the legality of the reversion depended solely on the terms of the notification, and the observations of the Departmental Promotion Committee were deemed irrelevant in this context. The Court held that a civil servant on probation could be reverted without stigma if the reversion was not due to misconduct, and thus, the previous judgment was overturned. |
| Summary |
In the case of Civil Appeal No.72-K of 1988, the Supreme Court of Pakistan addressed the reversion of Ali Gohar Abro, an Assistant Engineer who was promoted to Executive Engineer on probation. Following a two-year probation period, Abro was reverted to his original position due to an average performance rating and poor reputation for integrity. The case hinged on the interpretation of the Sindh Civil Servants Act and the relevant rules governing probation and reversion. The Supreme Court determined that the reversion notification did not reflect a punitive action, as it was not based on misconduct. This ruling clarified the rights of civil servants during the probationary period and reinforced that internal committee evaluations should not influence the legality of reversion orders. The outcome highlighted the necessity for clear guidelines regarding civil servant evaluations and the implications of reversion decisions on their careers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Department of Communications and Works, Government of Sindh
|
| Judges |
ABDUL KADIR SHAIKH,
AJMAL MIAN,
SAJJAD ALI SHAH
|
| Lawyers |
R.A. Qureshi, Advocate Supreme Court,
A.S.K. Gori, Advocate-on-Record,
Manzoor Ali Khan, Advocate Supreme Court,
M. Shabbir Ghaury, Advocate-on-Record
|
| Petitioners |
CHIEF SECRETARY, GOVERNMENT OF SINDH
|
| Respondents |
ALI GOHAR ABRO
|
| Citations |
1991 SLD 591,
1991 PLD 1016
|
| Other Citations |
Muhammad Siddiq Javaid Chaudhry v. Government of West Pakistan PLD 1974 SC 393
|
| Laws Involved |
Constitution of Pakistan (1973),
Sindh Civil Servants Act (XIV of 1973)
|
| Sections |
Art. 212(3),
Ss. 6, 7 & 11
|