Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: YAR MUHAMMAD DURRAIANA VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 95
[Lahore High Court]
Before Ihsan-ul-Haq Chaudhary J
Ch. YAR MUHAMMAD DURRAIANA
Versus
GOVERNMENT OF THE PUNJAB and another
Writ Petition No. 3531 of 1.990, decided on 25th November, 1990.
(a) Constitution of Pakistan (1973)---
----Art.199---Civil service ---Proforma promotion---Chief Minister's direction that matter of promotion of civil servant be reconsidered by Provincial Promotion Committee, was never complied with and instead respondent Authority rejected his claim---Civil servant having filed earlier Constitutional petition, respondent's counsel made statement in Court that application of civil servant for proforma promotion would be decided in accordance with law within ten days---Civil servant's case was again not placed before appropriate committee but summary was submitted to Chief Minister and orders of rejection obtained thereon---Non-compliance with the undertaking given to High Court in earlier Constitutional petition---Constitutional petition was likely to succeed on such ground alone.
(b) Constitution of Pakistan (1973)---
----Art.199---Civil service ---Proforma promotion---Respondent Authority failing to refer civil servant's case to Promotion Committee but instead putting a summary before Chief Minister---Respondent had, thus, failed to abide by the undertaking given to High Court that civil servant's case would be considered in accordance with law---Respondent failed to refer to law, rules or regulations according to which matter of civil servant's proforma promotion was placed before Chief Minister instead of referring the same to Promotion Committee---Civil servant's case was directed to be placed before Promotion Committee for consideration for grant of proforma promotion to him.
(c) Punjab Civil Servants (Efficiency and Discipline) Rules 1975---
----R.4---Proforma promotion of civil servant was deferred due to enquiry pending against him---Authority should have examined whether allegations against civil servant, if established, would call for a minor penalty or major penalty to be imposed---Such exercise was not undertaken by the Authority and promotion of civil servant was just mechanically deferred---Non -consideration of civil servant's proforma promotion was thus, in utter disregard and in violation of the policy of government---Civil servant was entitled to be considered for proforma promotion, his case for promotion having been wrongly and illegally deferred on relevant date---Civil servant's service record upto such relevant date was required to be considered and subsequent events could not furnish basis for turning down his claim for proforma promotion.
(d) Civil service---
----Proforma promotion---Denial of ---Validity---Proforma promotion was denied to civil servant on the ground that enquiry relating to escape of prisoners, was pending against him---Civil servant being entitled to promotion at relevant time, respondent Authority should have looked into the subject matter of enquiry to find out whether there was some substance in it or not-- Civil servant had taken charge as Superintendent Jail on 18-6-1981 and left the charge on 21-6-1981, just for four days if dates of joining and relinquishing of charge were also counted---Prisoners were alleged to have escaped from jail between the night of 12th and 13th July 1981---Respondents had failed to refer to any lapse on the part of civil servant to make him responsible directly or indirectly for the escape of prisoners--Civil servant was thus, illegally
deprived of promotion at the relevant time.
(e) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
----R.4---Proforma promotion---Civil servant had suffered penalty of censure as a result of second enquiry and his promotion had been withheld for the same reason---Civil servant having twice been penalized for the same alleged offence, had been made to suffer twice, which was not permissible---Civil servant on account of only one minor penalty of censure, when other record had no blemish, could not be deprived of promotion---Order of Promotion Committee depriving civil servant of proforma promotion was thus, illegal and not maintainable.
(f) Punjab Civil Servants Act (VIII of 1974)---
----S. 23---Provisions of S.23, Punjab Civil Servants Act 1974 empower government to frame rules as found necessary and expedient for carrying out the purpose of the Act but instead of making rules governing different aspects of the terms and conditions of civil servants viz; promotion, proforma promotion etc. it had been issuing policy instructions, letters and circulars---Such policy instructions etc. were issued mostly keeping individual cases in view, without taking into consideration, scope of the provisions of law and the same, apart from being mala fide, were kept secret, civil servants being unaware of the same---Copy of judgment was sent to Chief Secretary to take policy decision as to framing of rules under Punjab Civil Servants Act 1974, in all matters in which such rules had not been framed as yet.
Syed Jamshed Ali Shah for Petitioner.
Maqbool Elahi Malik, A.-G. with Malik Muhammad Rashid for Respondents.
Date of hearing: 25th November, 1990.