Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--------S.8---Constitution of Pakistan (1973), Art.212(3)---Annual Confidential Report---Adverse entry---Promotion---Civil servant had adverse entries in his Annual Confidential Reports pertaining to the years 1975-76, 1979-80 and 1982---Such adverse entries were never expunged and contained remarks of very serious nature---Civil servant was also awarded punishments of censure and forfeiture of service in different years---Department denied promotion to the civil servant and 'his appeal before Service Tribunal was dismissed---Contention of the civil servant was 'that the adverse remarks in the Annual Confidential Reports were not communicated to him, therefore, the matter was not agitated at the appropriate time--­Validity---Promotion was made on the basis of seniority-cum-fitness and the rules regarding grant of pro forma promotion did not allow persons with the chequered record of service to claim promotion as of right---Where the civil servant did not raise the plea before the Service Tribunal that he was not communicated adverse remarks, as such, he could not agitate the same before Supreme Court---Civil servant could not claim promotion as of right and the giving or refusal of promotion was a matter within exclusive discretionary domain of executive authorities conferred in the matter---Supreme Court declined to interfere with the findings of Service Tribunal and the same were accordingly maintained---Leave to appeal was refused. Secretary, Government of Sindh Education Department and others v. Riyazul Hassan Zaidi and another 1986 SCMR 64 ref. Muhammad Aslam Uns, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 11th July, 2001. ORDER ABDUL HAMEED DOGAR, J.---Petitioner seeks leave to appeal against the judgment dated 11-9-2000 of the Punjab Service Tribunal, Lahore passed in Appeal No-259 of 1995 whereby the appeal of the petitioner was dismissed. 2. The facts leading to the filing of this petition are that the petitioner was recruited as A.S.-I. in the Police Department on 31-7-1992 and got confirmed on 1-8-1995. He was M.A.L.L.B., and Athlete, Body…

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