Law: Civil Servants Act, 1973

Section: 9

JUDGMENT SHEET   ARBAB MUHAMMAD TAHIR, J: Through the instant petition, the petitioner impugns the deferment order dated 29.03.2019.    The learned counsel contended that the petitioner assailed his supersession for promotion from BS-20 to BS-21 by the CSB held on 13-16 December, 2016 through W.P. No. 1539/2017 which was allowed vide order 30.11.2017; that name of the petitioner was placed before the CSB held on 09.01.2018, but was superseded again, subsequently a review board meeting was notified on 19.03.2018. The learned counsel further argued that the fact sheet prepared by the Establishment Division for the CSB supports the case of the petitioner on the grounds agitated through the instant writ petition; that the petitioner requested the respondents through a written application  to have reasons of supersession for availing appropriate remedy; that subsequently filed W.P. 1588/2018 which was allowed by this Court vide order dated 07.09.2018 whereby the  recommendations of the CSB were setaside with direction that the petitioner shall be considered by the CSB afresh; that on 06.12.2019, the case of the petitioner was placed before the CSB but no notification to this effect was ever issued; that vide letter No. F. No. 1/1/2017-CP-I, dated 29.03.2019, the petitioner was informed about reasons for his deferment and non-consideration. The learned counsel for the petitioner stated that the findings conveyed vide the impugned letter are  in violation to the earlier orders passed by this Court and are in sheer violation of the dictums laid down by the Hon’ble Apex Court in this behalf.   Conversely, the learned AAG assisted by the Section officers of the Establishment Division opposed the contentions raised by the learned counsel for the petitioner. It is submitted that the petitioner was considered by the CSB, in order of seniority, along with other officers for promotion to BS-21, in its meeting held on 13.12.2016, 09/12 January, 2018, 06.12.2018, the reasons mentioned for his supersession are tabulated as under:-   Sr. No Date        of         CSB…