Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4--Denial of promotion due to adverse entries in Annual Confidential Report--Civil servant considered for promotion but same was declined because of presence of adverse remarks--Competency of appeal--Provisions of S. 4(1)(b) of Service Tribunals Act, 1973 envisage that no appeal would lie to a Tribunal against an order or decision of departmental Authority determining the fitness or otherwise of a person to be appointed or to hold a particular post or to be promoted to a higher grade--Civil servant's such disability was in addition to the fact that he had faded to come to Tribunal within thirty days of communication of order rejecting his representation--Appeal was dismissed as being incompetent and time-barred. Appellant in person. Saifullah Khan for Respondents. Date of hearing: 29th November, 1988. JUDGMENT CH. HASAN NAWAZ (MEMBER).--The request in the present appeal under section 4 of the Service Tribunals Act, 1973 is for a declaration that the appellant is entitled to be considered for promotion to the post of Accounts Officer. 2. It is pleaded that he was ignored for the first time in 1986 when certain other Inspectors (Coaching and Goods) Junior to him were promoted as Accounts Officers and that he was not considered fit for promotion probably because of adverse entries in his Annual Confidential Report pertaining to the period from 1-1-1981 to 31-12-1981. Thereafter, on subsequent occasions too, he was again ignored and other Inspectors were promoted to the aforementioned posts of Accounts Officers. He made representations against these promotions on 18-10-1986 and 10-7-1987,…

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