Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr.4(1)(a)(ii), 5 & 7---Punjab Removal from Service (Special Powers) Ordinance (IV of 2000), S.13---Punjab Civil Servants Act (V11I of 1974), S.23.(2)---Deferment of promotion---Promotion of civil servant from BS-16 to BS-17 was deferred on grounds: of adverse remarks about his integrity in his ACR for relevant period pendency of criminal case against him and that Inquiry Officer had recommended imposition of major penalty on civil servant---Adverse ACR for relevant year was not conveyed to civil servant-­Un communicated adverse remarks could not be considered, against civil servant for deferring his case for promotion---As far as promotion during pendency of criminal case was concerned, there was no specific rule, but according to instructions in letter dated 7-9-1962 issued by Competent Authority which had force of rules according to S.23(2) of Punjab Civil Servants Act, 1974 it had been left to the Competent Authority to take cognizance pf criminal case against civil servant and to postpone consideration of case for promotion or ignore it---Contention of civil servant, that inquiry proceedings against him under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, had become infructuous, was repelled because S.13 of Punjab Removal from Service (Special Powers) Ordinance, 2000, had saved the proceedings pending under Punjab Civil Servants Act, 1974 and Rules made thereunder---Final decision of question of deferment of promotion, however, was left for determination by Competent Authority. N.A. Qureshi v. Government of the Punjab and 2 others PLD 1982 Lah. 242; Muhammad Aslam Sheikh v. Federation of Pakistan through Secretary, Establishment Division Cabinet Secretariat, Islamabad and another 1999 PLC (C.S.) 761 and Muhammad Farooq Chohan v. Province of Punjab PLD 1987 SC 271 ref. Pervaiz Inayat Malik for Petitioner. Muhammad Hanif Khatana, Addl. A.-G. and Miss Shama Zia, Litigation Officer for Respondents. Date of hearing: 13th June, 2003. ORDER The grievance of the petitioner is against his deferment for promotion from BS-16 to BS-17 as S.S.T. According to the report and parawise…

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