Law: Punjab Civil Servants Act, 1974 

Section: 8

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Act (VIII of 1974)---   ----S. 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Promotion---Entitlement---Petitioner while serving in BS-17 became eligible for promotion to BS-18 in the year 1997, but she was promoted on officiating basis in BS-18 in 1998 instead of regular promotion, whereas one of her juniors was promoted in BS-18 on regular basis in 1997---Reasons for non-promotion of petitioner, firstly was pendency of enquiry against her and secondly minor penalty of censure imposed on her---Petitioner, who had become eligible for regular . promotion in the year 1997 when her junior was promoted, was made a subject of repeated enquiries---One minor penalty of censure as well as the pendency of enquiry, could not be treated a hurdle for regular promotion of the petitioner as on the minor penalty civil servant could not be ignored and could not be refused a regular promotion---So far as the pendency of enquiry against the petitioner was concerned; record had revealed that petitioner was being made subject of repeated enquiry proceedings, which otherwise did not seem fair, particularly, when the proceedings of the enquiry were going on and on for a number of years---During the pendency of enquiry against the petitioner she could not be deprived of her lawful right for her consideration for promotion---Withholding of petitioners promotion on regular basis from the date when she became eligible, was practically an outcome of colourable exercise of power and that action of Departmental Authorities could not sustain in the eye of law---Authorities were directed to place petitioners case for promotion before Departmental Promotion Committee within specified period.    Captain Sarfaraz Ahmad Mufti v. Government of the Punjab and others 1991 SCMR 1637; Mian Ali Muhammad v. Secretary, Establishment Division, Government of Pakistan and 3 others 2003 PLC (C.S.) 1425; Deputy Inspector-General of Police, Gujranwala and others v. Anwar Saeed, Inspector Police and others 1998 SCMR 552 and Maj. Ziaul Hassan, Home Secretary and others v. Mrs. Naseem Chaudhry 2000 SCMR 645 ref. ORDER HAFIZ TARIQ NASIM, J.--- Facts…

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