| Citation(s) |
|---|
| 2013 SLG 1825 2013 SLD 1825 2013 PLC 407 |
Lahore High Court
Writ Petition No.19033 of 2010, decision dated: 25-11-2011
MUHAMMAD FARRUKH IRFAN KHAN, J
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Writ Petition No.19033 of 2010, decision dated: 25-11-2011
MUHAMMAD FARRUKH IRFAN KHAN, J
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MUHAMMAD JAVAID NASEEM
VS
GOVERNMENT OF THE PUNJAB through Chief Secretary, Lahore and another
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---National Accountability Ordinance (XVIII of 1999), S.18(d)---Constitutional petition---Laches---Civil servant in BS-18---Promotion---Supersession of petitioner by Selection Board in September 2008 due to pendency of an inquiry against him in National Accountability Bureau (NAB)---Petitioner challenging his supersession after his promotion in October, 2009 on regular basis---Validity---Selection Board had superseded petitioner due to persistently bad repute on account of corruption and pendency of such inquiry---Petitioner had not challenged his supersession for two years without any plausible explanation---Petitioner's grievance regarding his supersession suffered from delay and laches---High Court dismissed constitutional petition, in circumstances. Jawad Mir Muhammadi and others v. Haroon Mirza and others PLD 2007 SC 472 rel. (b) Constitution of Pakistan--- ----Art. 199---National Accountability Ordinance (XVIII of 1999), S.18(d)---Constitutional petition---Civil servant in BS-18---Promotion---Inquiry against petitioner before National Accountability Bureau (NAB)---Promotion of petitioner by Selection Board subject to his clearance by NAB---Validity---Serious allegations of forging and fabricating certain files for getting exemptions of plot were levelled against petitioner---Authorities at petitioner's request had kept departmental proceedings in abeyance till conclusion of inquiry by NAB---Rational behind imposing such condition by competent authority would not only be to maintain balance with alleged wrong done by petitioner, but also to make an example for others as preventive measures for reformation of public functionaries---If petitioner was exonerated by NAB from alleged charges, then he would be promoted in next cadre from date of his clearance for promotion by competent authority---Issuance of direction to competent authority to promote petitioner without conclusion of NAB proceedings would destroy fiber of discipline in service and encourage others to resort to such illegal activities---High Court observed that best judges to decide such issues would be departmental authorities as compared to anyone…
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