| Citation(s) |
|---|
| 2000 SLG 801 2000 SLD 801 2000 SCMR 645 2000 SLD 1213 2000 SCMR 645 |
Supreme Court of Pakistan
Criminal Petition No. 510-L of 1999, decision dated: 20-10-1999.
IRSHAD HASAN KHAN, MUNAWAR AHMED MINA AND CH. MUHAMMAD ARIF, JJ
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Criminal Petition No. 510-L of 1999, decision dated: 20-10-1999.
IRSHAD HASAN KHAN, MUNAWAR AHMED MINA AND CH. MUHAMMAD ARIF, JJ
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Maj. ZIAUL HASSAN, HOME SECRETARY and others
VS
Mrs. NASEEM CHAUDHRY
Law:
Section:
Civil service--Promotion---Supreme Court had found that civil servant had not been promoted by superseding any officer senior to her; she was entitled to be promoted from the date her juniors were promoted and there was no valid reason not to consider her for the promotion---Mere fact that some disciplinary proceedings were pending against the civil servant was not a sufficient ground to disregard the order passed by the Supreme Court--Promotion of civil servant, however, would not debar the Authorities to continue with the disciplinary proceedings against the civil servant, if any, justly, fairly and in accordance with law. Inspector-General of Police, Punjab, Lahore and others v. Mrs. Naseem Chaudhry and others C. P.L.A. No. 1617-L of 1997 ref. Ghulam Haider Alghazali, Additional Advocate-General, Punjab and Rao Muhammad Yusuf, Advocate-on-Record for Petitioners. Respondent in person. Date of hearing: 20th October, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition is directed against the judgment, dated 27-9-1999 passed by the Lahore High Court in Crl. Original No.279-W of 1999 2. The dispute herein relates to the promotion of the respondent as Deputy Superintendent of Police. 3. This Court through judgment, dated 15-4-1999 passed in C.P.L.A. No. 1617-L of 1997 entitled The Inspector General of Police, Punjab, Lahore etc. v. Mrs. Naseem Chaudhry, etc., while dismissing the appeal of the Inspector-General of Police against the order of the Punjab Service Tribunal, Lahore in Appeal No.3097 of 1997, made the following observation:-- "5. We have heard the learned counsel for the petitioner Dr. A.Basit learned senior counsel for the respondent/caveator and perused the available material on record. The Tribunal was right in holding that the respondent had not been promoted by superseding any officer senior to her. She was entitled to be promoted from the date her A juniors were promoted. There was no valid reason not to consider her case for promotion as DSP as above. The impugned order appears to be just, fair and equitable. Mr. Ghuman was unable to substantiate his plea that the impugned order suffers from any illegality. Be that as it may, no substantial…
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