Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4(1)(b)--- Promotion Policy, 2010, para. 12(1)--- Promotion, fitness for---Selection Board determining civil servant unfit for promotion---Appeal against such order of Selection Board before Service Tribunal---Maintainability---Petitioner's case for promotion from BS-20 to BS-21 was considered by the Selection Board but she was superseded on the basis that she was not fit to be promoted as she had only obtained 70.38 marks out of 100, whereas minimum threshold of 75 marks was required for promotion to BS-21 in view of paragraph 12(1) of Promotion Policy, 2010---Petitioner's appeal filed before Service Tribunal was dismissed---Contentions of petitioner were that she was ignored by the Selection Board and that recommendations of the Selection Board reflected mala fides on part of the Provincial Chief Secretary, who presided over the Board---Validity---Selection Board did not find the petitioner fit to be promoted in view of the quantification criteria laid down in Promotion Policy, 2010 and found that she had not obtained the minimum threshold percentage required for promotion to BS-21---Fact that petitioner was duly considered by the Selection Board and not found fit clearly indicated that the issue did not relate to eligibility but fitness of the petitioner to be promoted, which question could not be a subject matter of appeal in view of S.4(1)(b) of Punjab Service Tribunal, 1974---Mala fides attributed to the Provincial Chief Secretary were vague, unsubstantiated and could not be the basis to interfere with the order of the competent Board determining fitness of the petitioner to be promoted---Petition for leave to appeal was dismissed accordingly. Muhammad Rahim Khan v. Chief Secretary, N.-W.F.P. PLD 2004 SC 65 ref. Muhammad Azam v. Muhammad Tufail 2011 SCMR 1871; Muhammad Iqbal v. Saeeda Bano 1991 SCMR 1559 and Muhammad Anis v. Abdul Haseeb PLD 1994 SC 539 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(e)---Official acts of competent authority---Presumption---Scope---Presumption of regularity was attached to official acts and they could not be annulled on vague allegations. Federation of…

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