Law:

Section:

Civil Servants AM (LXXI of 1973)--S. 9---Constitution of Pakistan (1973), Art. 212(3)---Civil service-Promotion was denied to civil servant while his juniors were promoted---Cause of denial of promotion was average Annual Confidential Reports ---Validity--­Leave to appeal was granted to consider; whether or not representation of aggrieved person against supersession would include challenge to quantification, propriety of Annual Confidential Reports and criteria for selection; `whether or not Annual Confidential Reports which were obviously concealed from incumbent, though might not be adverse, yet directly affected his future career and his right of further promotion, could be challenged by way of appeal before Service Tribunal; whether Constitutional petition challenging propriety of undisclosed Annual Confidential Reports, could constitute notice to competent Authority and be substituted for representation to approach Service Tribunal; and whether or not question of limitation for challenging Annual Confidential Reports would be relatable to period when aggrieved person became aware about the same. Federation of Pakistan through the Secretary, Health Division v. Dr. Najmul Ghani Khan PLD 1995 SC 556 ref. Abid Hassan Minto, Advocate Supreme Court assisted by Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd February, 1997. ORDER MUNAWAR AHMAD MIRZA, J.---Petitioner after qualifying Competitive Examination, joined Pakistan Audit and Accounts in Grade-17 during year 1966. In due course he got promoted to Grade-20, and presently is holding post of Director General (Audit), Pakistan Railways. Towards beginning of 1995 five (5) vacancies were caused in Grade-21, which had to be filled by promotion through Selection Board, considering suitability, seniority and criteria of quantification evaluating the ACRs. 2. The available record reveals that department forwarded list of 20 persons, who were ripe for promotion to Grade-21. The Selection Board held its meeting on 18-7-1995 and considering the instructions contained in Estacode and criteria laid for selection of superior officers; recommended five persons, out of whom…

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