Law:

Section:

Civil Service: -------Promotion---Entitlement---Civil servant despite having been regularised in service and being senior in service according to seniority list, was not considered for promotion on account of certain flimsy charges from which subsequently he was exonerated and instead co-civil servant, who was a deputations and by no means was entitled to promotion, was given promotion---Co-civil servant was promoted subject to condition that his promotion would be without prejudice to seniority of civil servant who was senior to him and that he would be reverted to his original grade if civil servant would be recommended for promotion after cause of his deferment ceased to exist---Civil servant just about five days prior to holding of Departmental Promotion Committee meeting was charge-sheeted on certain routine group& which resulted into his deferment for promotion and co-civil servant, despite being junior to civil servant was cleared for promotion by Departmental Promotion Committee---Civil servant despite having been exonerated from charges against him, was not promoted though competent Authority approved his promotion subject to condition that promotion of ­civil servant would be without prejudice to seniority of civil servant whose promotion had been deferred and that co-civil servant would be reverted to his original grade if after his exoneration civil servant would be recommended for promotion after cause of his deferment would cease to exist---Said conditions did not find any mention in notification whereby co-civil servant was promoted---Authority, in circumstances, has committed wilful misconduct, excessive use of authority with mala fide intention and deliberat dispensation of favouritism in promoting co-civil servant, who was not fit for promotion on basis of seniority-cum-fitness basis---Order promoting co-civil servant was set aside---Authority could hold fresh Departmental Promotion Committee meeting wherein seniority position of civil servant could be considered for his promotion. 1991 PLC 39; 1984 PLC (C.S.) 1610; 1984 PLC (C.S.) 287; 1993 SCMR 609 and 1993 PLC (C.S.) 852 ref. Ansari Abdul Latif for Appellant. Muhammad Kassim Mirjat,…

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