Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4(1)(b)

Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4(1)(b)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Maintainability---Promotion---Fitness for promotion---Principles---Terms and conditions of service---Bar on jurisdiction contained under Art.212 of the Constitution---Determination of fitness---Scope---Employee was not recommended for promotion by the Departmental Promotion Committee---Constitutional petition filed by the employee was allowed by Single Judge of the High Court---Validity---Departmental Promotion Committee had observed that employee had doubtful integrity and was professionally incompetent---Assessment of Departmental Promotion Committee was subjective assessment based on objective criteria---Question of determination of fitness of a person to be promoted was not capable of being scrutinized on the basis of judicially manageable standards---Fitness did introduce an element of subjective evaluation on the basis of objective criteria---Substitution of opinion of competent authority by the Court was not possible---Where competent authority had acted in violation of law or in excess of jurisdiction only then constitutional jurisdiction of High Court could be invoked---Department itself had devised objective criteria by issuing policy guidelines and developing method for assessment for the performance of officer for the purpose of promotion---Said assessment was based upon subjective opinion of the evaluation reports---High Court could not sit in over the said subjective evaluation but could only examine if objective criteria was followed or not by the competent authority---Single Judge of High Court had neither examined subjective evaluation nor considered the objective criteria for determination of fitness---Nothing was on record that competent authority had passed order in colourable exercise of power or order was without jurisdiction or against law or mala fide---Service Tribunal had exclusive jurisdiction in the matter with regard to terms and conditions of person in the service of Pakistan---Impugned order passed by Single Judge of High Court was set aside by the Division Bench---Intra-court appeal was…

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