Law: Civil Servants Act, 1973

Section: 23

Civil Servants Act (LXXI of 1973) S. 23-Promotion-President's powers-Respondent a member of Police service suspended and later on re-instated but posted out of Police service-President of Pakistan on appeal being filed transferring respondent to Police service on permanent basis and directing his period of suspension to be treated as on duty-Respondent on being surpassed by other members of his group filing appeal before Service Tribunal and such Tribunal holding respondent entitled to be considered for promotion along with his other batch mates and such decision remaining unchallenged by affected colleagues of respondent but petitioner challenging same on ground of respondent having had no vested right to be promoted to higher grade-President of Pakistan having had power to deal with matter in manner he did and Service Tribunal having merely implemented his order, petitioner's objection, held, without merit and case not fit for interference by Supreme Court.[Civil services]. Date of hearing : 16th March, 1981.                                                                                                                       ORDER NASIM HASAN SHAH, J.-We are surprised by this petition for leave to appeal filed on behalf of the Islamic Republic of Pakistan through the Secretary, Establishment Division against the order dated 3-11-1980 passed by the Services Tribunal, Islamabad, the effect of which is to indirectly challenge the order of the President of Pakistan. The relevant facts are that respondent No. 1, Mr. Abdul Qadir Haye was a member of the Police Service of Pakistan. On 30-11-1972, he was posted to the Prime Minister's House. In the course of a meeting addressed on 22-12-1975 by the then Prime Minister at 'a People's Party's Convention he smiled at some remarks made by the Prime Minister, whereon he was suspended from service for…