Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 212(2) & 199---Civil service---Promotion---Fitness of civil servant---Determination---Constitutional jurisdiction of High Court---Scope---Determination of fitness of civil servant for promotion has been excluded from jurisdiction of Service Tribunal---Ouster clause (2) of Art.212 of the Constitution does not extend to such matters---Constitutional jurisdiction of High Court is not ousted in matters pertaining to appointment of civil servant to a particular post or to be promoted to a higher grade. Orya Maqbool Abbasi v. Federation of Pakistan through Secretary Establishment 2014 SCMR 817 rel. (b) Civil Servants Act (LXXI of 1973)--- ----S. 9(1)---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr.2(a) & 6---ESTACODE, 2007 Edition, Vol.I, Sr.192(2)(b)--- Promotion--- Determination of fitness--- Recommenda-tions of Central Selection Board--- Intelligence reports--- Despite specific recommendations by Central Selection Board, Prime Minister returned cases of civil servants for reconsideration as there were intelligence reports against them---High Court in exercise of constitutional jurisdiction declared that appointing authority could not return the cases of civil servants as there were specific recommendations of Central Selection Board in their favour---Validity---Appointing authority had to make promotions in Basic Pay Scale 20 and 21 only upon recommendations of the Board; it did not provide in either of the provisions that recommendations of the Board were binding and consequently be returned by appointing authority only when procedure followed by the Board suffered from any factual or legal flaw---Supreme Court set aside the s passed by High Court and constitutional petitions filed by civil servants were dismissed---Supreme Court directed Central Selection Board to re-examine cases of civil servants on the basis of criteria already set for determining fitness or otherwise of civil servants for promotion without being influenced by observations made in the summary for the return of recommendations to the Board---Appeal was allowed. Safaraz Saleem v. The Federation of Pakistan PLD 2014 SC 232;…