Law: Constitution of Pakistan, 1973

Section: 212(3)

Civil Service--- ----Promotion---Pendency of inquiry against civil servant---Selection Board deferred case of civil servant till finalization of inquiry--Promotion of junior officers on officiating basis in BS-19---Civil servant was exonerated from charges in inquiry, which lasted for 4/5 years, during which period he reached maximum stage of BS-19---Civil servant in such circumstances was entitled to pro forma promotion---Juniors to civil servant were allowed move-over to BS-20 and their pays were fixed at higher stage---Civil servant had been deprived of such benefits---Civil servant prevented to perform duties in higher post to which he was entitled---Civil servant had to be paid salary for higher post for the period he was not allowed to perform duties of such higher post---Department should have completed inquiry within prescribed period---Delay in concluding inquiry could not be attributed to civil servant nor could legitimately be made to suffer for lapses on the part of department--Held, civil servant, in circumstances, was entitled to promotion from the date his juniors were promoted. The Province of Punjab through the Secretary, Services and General Administration, Lahore v. Syed Muhammad Ashraf and others 1973 SCMR 304 rel. ORDER RAJA FAYYAZ AHMAD, J.--- Respondent Muhammad Arshad Khan Niazi was considered for promotion as Superintending Engineer (B-19) by the Provincial Selection Board in its meeting held on 28/29 March, 1999 but his case was deferred till finalization of the inquiry pending against him, however; three junior Executive Engineers were then promoted on officiating basis. The respondent reached to the maximum stage of BS-19 before 1-12-1995 and his case was that had he been promoted as Superintending Engineer in time he would have been allowed move-over to BS-20 w.e.f. 1-12-1995, as officers junior to him had been allowed these benefits and their pays were accordingly fixed at higher stage. 2. Before us, it has been admitted by the learned Additional Advocate-General that the inquiry pending against the said respondent lasted for about 4/5 years and eventually, he was exonerated of the charges and also it could not be denied that said…

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