Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Civil service---Promotion---Petitioner who joined Police service in 1980, despite having unblemished career as an honest Police Officer, was deferred for promotion in BS-21---Petitioner as per seniority list figured at Serial No.10, whereas the officers at serial Nos.13 to 16, 18 to 20 & 22, who were junior to the petitioner, were promoted---Authority refuted claim of the petitioner alleging that he had bad reputation/ unsatisfactory integrity and that he was placed under watch to be monitored and to oversee his performance---Refuge of Art.212 of the Constitution and S.3(2) of Service Tribunals Act, 1973, was also pressed into service by the Authorities---Question whether a person having requisite eligibility had been rightly selected or not on account of fitness or otherwise for appointment to hold a post; or to be promoted to a higher post or grade, was excluded from the jurisdiction of Service Tribunal, such order was amenable to the jurisdiction of High Court---No material had been placed on record by the Authority in proof of allegation levelled against the petitioner---As the petitioner's deferment was on the basis of said serious allegations against him, he was definitely entitled to a right to explain the same---ACRs of the petitioner were excellent---No other material had been placed on record by the Authority---Order for deferment of petitioner on ground of a stigma of bad reputation/unsatisfactory integrity, was serious one, which could not be allowed to remain in existence without reply by the petitioner---Such stigma must be supported by any evidence and the petitioner had the right to rebut the same; or at least he could be allowed to explain his position---Impugned order was set aside and case was remanded to the authority for reappraisal of the same---Respondent authority would provide an opportunity to the petitioner for explaining the stigma against him---Order accordingly. Muhammad Zafeer Abbasi, Deputy Secretary, Ministry of Kashmir Affairs and Northern Areas and Safron, Government of Pakistan, Pak Secretariat, Islamabad v. Government of Pakistan…

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