Law:

Section:

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Judicial officer---Adverse remarks---Expunction of---Proforma promotion---Fundamental right---Appellant earned adverse remarks in three consecutive ACRs which were expunged but he was not promoted by the Authority---Validity---Proforma Promotion Committee had not considered the matter of the appellant in its true perspective---ACRs of the appellant after acceptance of appeals by the Service Tribunal were ceased to be adverse---No justification existed for the Proforma Promotion Committee to ignore the said ACRs considering them to be not good---Claim of appellant was in consonance with law as his junior was promoted while he was ignored on the basis of adverse remarks recorded in his ACRs---Had such adverse remarks not been recorded in the ACRs, appellant would have been considered for promotion on the date when his junior was promoted---Claim of appellant to get himself promoted after the decision of Service Tribunal when his junior was promoted was his fundamental right---Proforma Promotion Committee was obliged to adjudge the case of appellant from the date when his junior was promoted after expunction of adverse remarks from his ACRs---Appellant became eligible to be considered for promotion by the Authority from the date when adverse remarks had precluded---Authority had incorrectly ignored the ACRs of the appellant which would amount to denying the relief granted by the Service Tribunal and upheld by the Supreme Court---Matter was remitted to the Authority with the direction to re-consider the case of the appellant as prayed for---Appeal was accepted in circumstances. JUDGMENT MUHAMMAD AMEER BHATTI, J.--- Through this instant appeal, appellant has made the following prayer, which was refused through the impugned order dated 10.06.2013. (i) As Senior Civil Judge w.e.f. 16.11.1999 i.e. the date when Ch. Abdul Razzaq next junior to him was promoted as such. (ii) As Additional District and Sessions Judge w.e.f. 05.09.2000, when Ch. Abdul Razzaq next junior to him was promoted as such (currently not in service). (iii) As District and Sessions Judge w.e.f. July 2009, when Ch. Abdul…

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