Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Service Tribunal--Bar of jurisdiction--Jurisdiction of Service Tribunal, Held, was barred in respect of order or decision of departmental authority determining fitness or otherwise of a person to be promoted to higher post or grade--Service Tribunal, however, has power to intervene if civil servant was not considered for promotion even though he was eligible for the same--In absence of any authentic evidence to the effect that appellant was not considered for promotion to a higher post at relevant time, promotion of his juniors would raise a presumption that he was denied promotion because he was not found fit for the same. (b) Civil service-- --- Adverse remarks in A.C.Rs--Effect--Where there were adverse entries against appellant for a number of years against some of which he had not filed representation, such appellant, Held, could not expect competent authority to completely ignore cumulative effect produced by such entries, only on ground of technicalities--In presence of adverse remarks against which appellant failed to file representation, civil servant could not claim his record to be clean. (c) Sind Service Tribunals Act (XV of 1973)---- ---S.4--Guidelines for Departmental Promotion Committees/ Central Selection Board, Part III, para. 3--Promotion to selection posts-;­Requirements--For selection posts, entries in A.C.R. of civil servant are to be quantified in accordance with formula given in addendum-- Appellant having failed to provide a copy of addendum, his contention against Promotion Committee, Held, could not be appreciated--Guidelines for promotion, however, were for guidance of competent authorities-­Maximum that Service Tribunal could ensure would be that appellant was considered for promotion to higher post--Service Tribunal could not go further to give a verdict that competent authority while considering appellant for promotion had exercised discretion vested in it correctly--Such decision by Service Tribunal would tantamount to declaring appellant fit or unfit for promotion which it lacked jurisdiction to decide. (d) Sind Civil Servants Act (XIV of 1973)-- ---S.9(2)--Sind Service…

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