Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999)

Section: 6(3)

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999---

----R.6(3)---Judicial Officer---Pro form promotion---Appellant assailed orders whereby his request for grant of pro forma promotion as District and Sessions Judge was declined---Allegation against appellant was that while posted as Additional District and Sessions Judge he granted post arrest bail to an accused in case /FIR registered under S. 9(c) of the Control of Narcotic Substances Act, 1997, relating to 15-1/2 kilograms Charas, which was an order passed beyond jurisdiction and amounted to inefficiency and misconduct---Held, that record revealed that the appellant was promoted as District and Sessions Judge (BS-21) on the recommendations of the Provincial Judicial Selection Board, (vide Notification dated 06.08.2012), however vide subsequently Notification dated 27.09.2016 his promotion was ordered to be withheld from the year 2012 for a period of three years retrospectively overlooking the fact that promotion already stood notified by the competent authority, which was neither rescinded nor recalled---It was not the case that the appellant was short of eligibility criteria for promotion and, admittedly, recommendations of a duly convened Provincial Judicial Selection Board were in his favour---Subsequent events, including allegations of inefficiency and misconduct on passing a bail order or pending inquiries, would become irrelevant once a promotion had been made after fulfillment of all legal and procedural requirements---Such matters may possibly be taken into consideration while processing case for further promotion---Tribunal allowed the appeal against the orders imposing penalty of withholding promotion for a period of three years retrospectively and declining proforma promotion to the appellant---Appeal was allowed, in circumstances.