Law: Constitution of Pakistan, 1973

Section: 187(1),212(3)

Constitution of Pakistan--- ----Arts. 187(1) 212(3)---Service appeal before the Supreme Court---Scope---Party (civil servant) had no right to raise an absolutely new plea before the Supreme Court and seek a decision on it, nor could such plea be allowed to be raised as a matter of course or right on the pretext of doing complete justice---Besides, the Supreme Court in its appellate jurisdiction would not generally determine a question of fact that had not been pleaded or raised by the party in the lower forum. Sarhad Development Authority N.W.F.P. (Now KPK) v. Nawab Ali Khan 2020 SCMR 265 ref. ORDER GULZAR AHMED, C.J.--- The service appeal filed by the appellant in the Khyber Pakhtunkhwa Service Tribunal, Peshawar (the Tribunal) was dismissed by the impugned judgment dated 08.09.2015. The operative part of which is as follows: 7. From perusal of the record it transpired that at the time of consideration for promotion anti-corruption proceedings for two different cases Nos.191 of 2001 and 29 of 2002 were pending adjudication in the Court of Special Judge Anti-corruption which were decided on 14.10.2003 and 26.02.2004 respectively and appellant was acquitted on the benefit of doubt. The deferment of the appellant on the relevant time was thus in accordance with the provision as contained in the promotion policy of the Provincial Government. Moreso, the appellant failed to agitate his deferment in time but took up the matter on 12.05.2011 after abnormal delay of almost 9 years. It is also ironical to observe that assessment of suitability and fitness for the higher post is a pre-requisite for promotion, it entails assumption of higher responsibilities and actualization of charge in the higher post which is not possible under the existing law/rules on promotion. The prayer of the appellant for promotion to the higher post after a long time of his retirement carries no weight and cannot be entertained.…

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