Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 199 & 212 (3)--Constitutional petition--Objection regarding jurisdiction of High Court--Recommendations of others colleagues for promotion--Superseded--Good ACRs with no adverse remarks, entitled for promotion--Question--Whether a person having requisite eligibility, has rightly been selected or not selected on account of fitness or otherwise for appointment to hold a particular post or to be promoted to a higher grade, stand excluded from jurisdiction of Service Tribunal or not under terms and conditions of service and bar contained in Art. 212(3) of Constitution--Person having eligibility, whether selected or not selected on account of fitness or otherwise for appointment to hold of a post or to be promoted to a higher post or grade, is excluded from jurisdiction of service tribunal and as such said order is amenable to writ jurisdiction of High Court, therefore, objection raised by DAG has no substance and is hereby repelled. [Pp. 63 & 64] A & B Annual Confidential Report-- ----Promotion--Civil servant--Stigma of bad performance, misuse of authority--Doubtful integrity does not depicted in ACRs--Stigma of bad reputation/unsatisfactory integrity was a serious one and it could not be allowed to remain in existence without reply by petitioner--Stigma must be supported by any evidence, so that petitioner would be able to rebut same or at least he would have been allowed to explain his position--No one could be condemned unheard is a universal phenomena. [Pp. 64 & 65] C Promotion-- ----Civil servant--It is well settled by now that promotion can be given to a civil servant without disturbing others--Though petitioner has been retired during pendency of instant petition, but much before retirement of petitioner he was superseded and his case was not properly dealt with, therefore, he cannot be made to suffer on account of departmental lapse. [P. 65] D Judgment Malik Manzoor Hussain, J.--Sultan Hanif Orakzai, petitioner through the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan. 1973 has approached this Court for the following relief: "It is, therefore,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492