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Petitioner: MUHAMMAD HANIF VS Respondent: PROVINCE OF SINDH and others
Court Name: Sindh High Court Judge(s): Ahmed Ali M. Shaikh Title: MUHAMMAD HANIF vs PROVINCE OF SINDH and others Case No.: Constitutional Petition No,D-968 of 2009 Date of Judgment:2010-03-09 Reported As: 2011 PLC (C.S.) 534 Result: Order accordingly
Judgment ORDER AHMAD ALI SHAIKH, J.--- Learned counsel for the petitioner has submitted that mere pendency of an F.I.R., against a civil servant, cannot deprive him from being promoted. Even otherwise, in the case which is relied upon by the learned A.A.-G. Being F.I.R. No,18/2003 of Police Station Anti- Corruption Establishment (ACE) Larkana, the name of the petitioner does not transpire. In such event it can hardly be presumed that there is any F.I.R. Against him, for which he could be denied promotion. He has relied upon the case reported in Muhammad Ayaz Khan v. Government of Sindh and others 2007 PLC (C.S.) 716. In reply, learned A.A.-G. Has submitted that he may be given time to prepare further papers with regard to such F.I.R. However, he has agreed in principle that the matter can be referred to the Departmental Promotion Committee (D.P.C.) to decide the petitioner's case on merits without any regard whatsoever to pendency of the F.I.R. ' We have heard learned counsel for the petitioner as well as learned A.A.-G. In the circumstances of the case, we would dispose of the matter by directing the respondents to consider the case of the petitioner for promotion purely on merits without any regard whatsoever to pendency of any criminal or civil case against him.
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