ATA MUHAMMAD vs GOVERNMENT OF WEST PAKISTAN AND Another Case No — 1970 SCMR 91

Citation: 1970 SCMR 91

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ATA MUHAMMAD vs GOVERNMENT OF WEST PAKISTAN AND Another

Headnotes

Result: Leave refused Judgment JUDGMENT S. RAHMAN, J.-Choudhury Ata Mohammad, the petitioner in this case, made a grievance of the fact in a Writ Petition before the High Court, that he had been reverted from the post of Senior Auditor, in which capacity he was officiating, by Government, unjustly.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: ATA MUHAMMAD vs GOVERNMENT OF WEST PAKISTAN AND Another Case No.:Civil Petition for Special Leave to Appeal No. 212 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 91 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-Choudhury Ata Mohammad, the petitioner in this case, made a grievance of the fact in a Writ Petition before the High Court, that he had been reverted from the post of Senior Auditor, in which capacity he was officiating, by Government, unjustly. The petition failed and he seeks special leave to appeal. It has been repeatedly held by this Court that reversion from an officiating appointment does not amount to reduction in rank. Mr. M. Ismail Bhatti acknowledges this to be correct, but argues that there are special features in the present case which show that Government was unwilling to pass the order of reversion, if left to itself. He contends that there was the compulsive force of the Public Service Commission behind the order. This position is untenable as the Commission clearly gives advice to Government, but cannot dictate to Government what orders it should pass. The impugned order was passed by Government itself and in consequence of the consistent view held by this Court that such reversions do not attract the protective provisions of the Consti--tution, it must be found that the Writ Petition of Ata Mohammad was…

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