Law:

Section:

(a) Sindh Service Tribunals Act (XV of 1973)- ----S. 4, proviso (b)---Constitution of Pakistan (1973), Art. 212(3)---Dismissal of civil servant's appeal by Service Tribunal---Leave to appeal was granted to consider whether appeal before Service Tribunal was barred by time; whether jurisdiction of Sindh Service Tribunal was barred by proviso (b) to S. 4, Sindh Service Tribunals Act, 1973; and whether adverse remarks in A.C.R. - for the year 1972 which were allegedly not communicated to the civil servant could be made basis for order of rejection of civil servant's claim for seniority promotion by the Authority. (b) Sindh Service Tribunals Ad (XV of 1973)---- ----S. 4---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R. 13---Constitution of Pakistan (1973), Art. 212---Promotion---Denial of promotion due to adverse remarks in one A.C.R. of 1972 which was allegedly not communicated to him---Effect---Department's plea that letter communicating adverse remarks was sent to civil servant by post was not borne out by evidence on record---Facts showed that letter in question, was prepared and diarised in relevant register but there was no further material to prove that the same was posted or received or duly communicated to civil servant---Service Tribunal had completely ignored such facts thereby causing complete miscarriage of justice--­Judgment of Service Tribunal in this view of the matter was not warranted in circumstances. (c) Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975--- -----R. 13---Sindh Service Tribunals Act (XV of 1973), S. 4, proviso (b)-­Constitution of Pakistan (1973), Art. 212---Jurisdiction of Service Tribunal--­Bar of---Extent---Denial 6f promotion---Civil servant contending that he would not pray for retrospective promotion but would like his seniority to be determined under R. 13, Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975---Such prayer was not barred under proviso (b) to S. 4, Sindh Service Tribunals Act, 1973, for question of fitness for promotion was not involved---Seniority of civil servant who was not promoted on his turn but was subsequently promoted, would be…

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