Law:

Section:

Civil Service-- ---Promotion--Civil Servant left out and superseded by his juniors, praying for antedating his promotion--His case for promotion on due date not approved by Departmental Promotion Committee due to his involvement in disciplinary case and being proceeded against departmentally and placed under suspension where suspension of civil servant was neither justified nor he was guilty of charges leveled against him--Such civil servant, held, could not be declared unfit for his mere involvement in a disciplinary case unless his fitness for promotion was properly adjudged--Such fitness having not been adjudged and such civil servant inadvertently omitted from consideration in original reference and superseded would be eligible for promotion and could take his seniority with the original batch. F.E. Siddiqi for Appellant. Sardar Muhammad Amir Akbar Khan for Respondents. Date of hearing: 24th February, 1986. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--The relevant background giving rise to the present appeal, briefly speaking, is that the appellant while employed as Instructor in the Military College of Engineering, Risalpur, went on 15 days rest and recreation leave with effect from 22-2-1973 to 8-3-1973. A letter dated 9-3-1973 from the appellant was received on 12-3-1973 by the Commandant, Military College of Engineering, Risalpur, wherein he requested for proper sick report for treatment in the Combined Military Hospital, Lahore, as he had fallen sick and as such was unable to report back for duty on 9-3-1973. Accordingly the Commandant, Military College of Engineering, vide his letter dated 14-3-1973 requested Combined Military Hospital, Lahore, to provide medical treatment to the appellant. The appellant was also advised vide the Commandant, Military College of Engineering's letter dated 6-3-1973 to report to the Combined Military Hospital, Lahore, for treatment but he did not do so despite reminders issued to him. Ultimately he resumed his duties on 30-4-1973 and explaining that he was not in a position to report to the Combined Military Hospital, Lahore, submitted a medical certificate from a private practitioner. The relevant departmental authorities,…

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