Law:

Section:

Civil service--- ----Promotion---Non-consideration of employee for promotion due to pendency of criminal case---Scope---Department did not consider the employee/petitioner for promotion due to criminal case pending against him---Validity---No one could be punished by denying promotion or considering for promotion before the charge was established against him---Mere pendency of a criminal case was no ground for denying consideration for promotion---First Information Report had been registered against the employee but it was yet to be established whether or not he was guilty of the alleged offence---Employee could not be denied consideration for promotion until the conclusion of trial against him---Promotion was not vested right but consideration for promotion in accordance with law was a vested right---Jurisdiction of Service Tribunal would not attract with regard to matter concerning with fitness of employee for promotion---Department was directed by High Court not to consider the criminal case pending against the employee as an obstacle for his consideration for promotion in accordance with applicable law if he was otherwise eligible for such consideration---Constitutional petition was allowed in circumstances. Muhammad Ayaz Khan v. Government of Sindh 2007 PLC (C.S.) 716 ref. Zia ul Hassan v. Nadeem Chaudhry 2000 SCMR 645 distinguished. Mumtaz Ali Shah v. Chairman, Pakistan Telecommunication Company Ltd. PLD 2002 SC 1060; Muhammad Hanif v. Province of Sindh 2011 PLC (C.S.) 543; Salahuddin Mughal v. Province of Sindh 2012 PLC (C.S.) 1018; Secretary, Establishment Division v. Aftab Maneka 2015 SCMR 1006 and I.A. Sherwani and others v. Government of Pakistan 1991 SCMR 1041 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Nazeer-ud-Din, seeks a direction to the respondents to consider him for promotion to the post of Assistant (BPS-14) with effect from the creation of a vacancy. The respondent's did not consider the petitioner for promotion due to the pendency of a criminal case against the petitioner. 2. Learned counsel for the petitioner submitted that the registration of an FIR under the…

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