Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Civil Servant--Pendency of disciplinary proceedings--Challenge to--Deferment in promotion--Direction to--There is nothing on record to indicate that petitioner was deferred due to pending inquiry, however in Para-4 of preliminary objections of parawise comments it is mentioned that petitioner was recommended for deferment due to pendency of disciplinary proceedings--It is trite law that mere pendency of disciplinary proceedings is no bar for a person to be considered or recommended for promotion--In light of above position of law and fact, decision to defer petitioner is not tenable--For above reasons, decision by respondents to defer petitioner is set-aside with direction that he shall be considered for promotion afresh in forthcoming meeting of Central Selection Board (CSB) notwithstanding pendency of disciplinary proceedings--Petition was allowed. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE---.--- The petitioner is a civil servant and is currently working in (BS-20). He is aggrieved of his deferment in promotion to (BS-20) in the recently held meeting of Central Selection Board (CSB). 2. Learned counsel for the petitioner, inter-alia, contended that no reasons have been advanced by the respondents as to why the petitioner has been deferred, however, in the reply it has been stated that it is due to pending inquiry against the petitioner; that it is a settled ' proposition that mere pendency of disciplinary proceedings is no bar to defer a person for promotion. It was submitted that the petitioner has been deferred with malafide inasmuch as inquiry is based on Whatsapp message circulated against the petitioner.…

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