Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 1259

[Federal Service Tribunal]

Before Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members

ILLAHI BAKHSH TUNIO

Versus

SECRETARY MINISTRY OF INTERIOR GOVERNMENT OF PAKISTAN ISLAMABAD and 14 others

Appeal No. 291(K)(C.S.) of 2002, decided on 20th July, 2006.

Civil Servants Act (LXXI of 1973)---

----S. 9---Service Tribunals Act (LXX of 1973), S.4---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr.7 & 8---Promotion---Eligibility---Appeal to Service Tribunal---Appellant was aggrieved by Gazette Notification whereby respondents' who' were junior to appellant in service, were promoted to the post of Assistant Directors (B-17), ignoring appellant and not considering his case for promotion in the meeting of Departmental Promotion Committee, though he was eligible for said promotion---Promotion of appellant was withheld for want of his A.C.Rs. and due to pendency of disciplinary proceedings against him---Appellant had already submitted his A.C.Rs. subsequently and he was also exonerated by the Service Tribunal in disciplinary proceedings against him in appeal; in circumstances, there should be no impediment in considering case of appellant for his promotion---Authorities were directed to consider case of appellant for his promotion to next higher rank, if he was otherwise eligible for promotion---Appeal was accepted accordingly.

Sanaullah Noor Ghauri for Appellant.

Asif Hussain Mangi, State Counsel for the Respondents.

Date of hearing: 18th July, 2006.

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