Law:

Section:

Constitution of Pakistan------Arts. 199 & 185(3)---Constitutional petition before High Court---Maintainability--Civil service--Promotion, withholding of---Promotion of petitioner was withheld due to pendency of departmental inquiry against her on the allegations of corruption---Plea raised by petitioner was that promotion could not be withheld on account of pendency of disciplinary proceedings---Validity---Constitutional jurisdiction of High Court was not meant to be exercised to compel competent authority to promote civil servant against whom prima facie evidence showing her involvement in serious charges of misconduct was available---Any direction by High Court, in such circumstances would be disharmonious to principle of good governance and canon of service discipline causing undue interference to hamper smooth functioning of departmental authorities---Order passed by High Court, in exercise of Constitutional jurisdiction, was unexceptionable and warranted no interference---Leave to appeal was refused. Mrs. Sanjida Irshad, Director Nursing EDO (Health), Bahawalpur v. Secretary to Government of the Punjab, Health Department, Lahore 2008 PLC (C.S) 1019 distinguished. M. Shoaib Shaheen, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 13th January, 2009. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.--- The petitioner seeks leave to appeal against the order dated 20-10-2008 passed by learned Single Judge of the Lahore High Court, Lahore passed in Writ Petition No.10780 of 2008 whereby the writ petition tiled by the petitioner was dismissed. 2. Precisely, the case of the petitioner is that the petitioner along with seven other civil servants was recommended by the departmental authority for promotion to BS-19 but notification with regard to her promotion was withheld on the ground of pendency of disciplinary proceedings. It is pleaded that withholding of the notification of promotion was illegal. She therefore approached the Lahore High Court, Lahore by invoking the writ jurisdiction praying therein for directions to the respondent for issuance of the notification of her promotion. 3. It is contended by learned counsel for the petitioner…

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