Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Promotion---Petitioner-employee was held not fit for promotion on the basis of his performance---Validity---Impugned order had been issued on the basis of cogent reasons by the competent authority---Mala fide had been attributed to the department which could only be resolved by recording of evidence which was not the domain of High Court under constitutional jurisdiction---Petitioner-employee had concealed the material fact from the Court due to which he was not entitled for any discretionary relief---Promotion was not a vested right of employee however to be considered for promotion was the inalienable right---Constitutional petition was not maintainable which was dismissed in circumstances. Dr. Mir Alam Jan v. Dr. Muhammad Shahzad and others 2008 SCMR 960; Ms. Shabnam Irshad Ahmed and others v. Muhammad Muneer Malik and others 2016 SCMR 2017; Kamran Hanif v. Bilqees Bano and others 2010 YLR 1665; Messrs Trade Lines through Managing Partner and others 2002 CLD 1776; Lahore Development Authority through Director General LDA. Lahore v. Mst. Shamim Akhtar and another 2003 MLD 1543; Zafar Ullah Baloch v. Government of Balochistan and others 2002 SCMR 1056; Muhammad Afzal Khan v. Government of Punjab through Secretary to Government of the Punjab C&W Department and another 2009 PLC (C.S.) 40; Nabi Ahmed and another v. Home Secretary, Government of West Pakistan, Lahore and 4 others PLD 1969 SC 599 and The Central Board of Revenue, Government of Pakistan v. Asad Ahmad Khan PLD 1960 SC 81 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed question of fact could not be determined while exercising constitutional jurisdiction by High Court. THIS ORDER PASSED BY: SHAHID MUBEEN, J.--- Through this writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has called into question the legality and validity of order dated 06.04.2016 passed by respondent No.2/Chairperson, State Life Insurance Corporation of Pakistan. 2. Unnecessary details apart, the facts relevant for the disposal of this case are that the petitioner is a Sales Manager…

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