Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S.9---Promotion---Determination of fitness of civil servant for promotion--Jurisdiction of Service Tribunal or other forums---Scope---Competent Authority alone had the exclusive authority to determine the fitness or otherwise of the civil servant on the basis of subjective evaluation of his service record---Interference by any other forum (Tribunal or Court) were not visualized---Determination of fitness was out of purview of the appellate jurisdiction of Service Tribunal also---Civil servant at the most could claim that he was entitled to be considered for promotion but had no right to be declared by the Tribunal/Court that he was fit for promotion---Determination of fitness for promotion thus fell within the domain of the Competent Authority alone. (b) Civil Servants Act (LXXI of 1973)--- ----S.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Promotion of civil servant---Selection Board had not favourably recommended promotion of the civil servant---Civil servant contended that he was superseded---No allegation of bad faith, malice or mala fides against any of the members of the Board or the Competent Authority was made by the civil servant---Validity---Where no such allegation was made, civil servant was not illegally superseded---Assessment of record by Competent Authority could not be substituted by the High Court---High Court declined interference with the decision of the Selection Board or the Competent Authority. Muhammad Aboo Abdullah v. The Province of East Pakistan and another PLD 1960 SC (Pak.) 164; Aish Muhammad and 68 others v. Pakistan and 75 others 1985 SCMR 774; Mrs. Saeeda Bukhari v. Secretary, Ministry of Education, Government of the Punjab, Lahore and another PLD 1988 Lah. 553; Secretary, Government of Sindh, Education Department and another v. Syed Riyazul Hassan Zaidi and another 1986 SCMR 64; Syed Noorul Hassan v. The Secretary, Ministry of Industries, Government of Pakistan, Islamabad and others 1987 SCMR 598; Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129 and Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. Sh. Zia…

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