Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 212(3)--WAPDA's Promotion Policy--Clause 10(b)--Leave to appeal--Service matter--Seniority--Promotion policy--Supersession--Validity--Assailed--Employee can be deferred from promotion if his ACR dossier is incomplete or disciplinary proceedings are pending against him--Supersession of respondent in the meetings was in violation of Clause 10(b) of the WAPDA's Promotion policy--Held: Respondent could only be deferred for promotion and should not have been superseded--Neither, there was misreading, nor non-reading of material evidence, or misconstruction of facts and law--Leave refused. [Pp. 902 & 903] B & C Inquiry-- ----Civil servant--Pending inquiry--Bar to--Validity--Standing instructions of Government are that pending inquiry poses no bar to an official's consideration for promotion. [P. 902] A Judgment Abdul Hameed Dogar, J.--Petitioners seek leave to appeal against the judgment dated passed by Federal Service Tribunal, Islamabad (hereinafter referred to as `the Tribunal'), whereby Appeal No. 868 (R) (CS)/2005 filed by Respondent No. 1 was partly allowed to the extent that Respondent No. 1's supersession in the Senior Selection Board meeting (hereinafter referred to as `the SSB') held on 2.4.2003 and afterwards was converted into deferment with the result that consequent to his approval for promotion as Executive Engineer (BPS-20) with effect from 30.4.2005, he would be entitled to the restoration of his inter se seniority that existed prior to the SSB meeting held on 2.4.2003. 2. Briefly, stated the facts of the case are that on 5.9.1967 Respondent No. 1 had joined the petitioners-department as Junior Engineer (BS-17). Later on he was promoted as Superintending Engineer (BS-19) on 22.1.1987. On 2.4.2003 the department held a SSB meeting for the promotion to the post of Executive Engineer (BPS-20) but Respondent No. 1 was superseded whereas his junior Respondent No. 2 Muhammad Tariq Malik was promoted. Feeling aggrieved, Respondent No. 1 filed a departmental appeal on 27.5.2004, which was not responded. Thereafter, he filed Writ Petition No. 19648 of 2004 before the learned Lahore High Court, Lahore which was…

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