Law:

Section:

Constitution or Pakistan (1973)--Art. 212(3)---Supersession---Department, in civil servant's appeal before Service Tribunal had taken plea that service record of civil servant was 'not satisfactory and for that reason he was not considered suitable for promotion--­Civil servant did not file any supplementary statement to contend that he had not been communicated any adverse remarks or that Departmental Promotion Committee while judging his suitability, alongwith others had committed any legal error---Service Tribunal, in absence of such plea by Civil servant, came -to conclusion that in fact, civil servant had been superseded for unsatisfactory record and that same being a matter of selection and suitability, Service Tribunal's jurisdiction did not extend thereto---Civil servant in his petition for leave to appeal wanted to raise a factual controversy which he could only raise before Service Tribunal---Such plea having not been raised before Service Tribunal, Supreme Court was not the forum for entertaining the same for the first time--­Civil servant having not raised factual controversy before Service Tribunal, finding of Departmental Promotion Committee on question of suitability must prevail and same could not be substituted by Service Tribunal---Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J.---The Petitioner seeks leave to appeal against the judgment of the Service Tribunal dated 27-2-1989 whereby his appeal was held to be incompetent and dismissed for that reason. 2. The Petitioner was a teacher in Grade-15 and was superseded for selection grade (B-17). His juniors were promoted and he was not. He challenged the action by an appeal to the Service Tribunal. In the reply to the averments made in memo of appeal, the Government had taken the stand that the record of the service of the Petitioner was not satisfactory and he was not considered suitable for promotion to the selection grade for that reason. The petitioner did not file any supplementary statement to contend that he had not been communicated any adverse…

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