Law:

Section:

Civil service-------Promotion---Effect of minor penalty on promotion---Promotion was declined to civil servant on ground that minor penalty stood imposed upon him---Civil servant otherwise being qualified for promotion, his promotion could not have been withheld on ground only that minor penalty was imposed upon him---Case of civil servant was sent back by the High Court to the Authority concerned for being considered for his promotion. Fazal Elahi Siddiqui for Appellant. Ch. Sultan Mansoor, D.A.-G. for Respondents. Date of hearing: 14th May, 2003. JUDGMENT This is rather an unfortunate case. Somewhat admitted facts of this case are that, the case of the petitioner for promotion from BS-18 to BS-19 was considered in the the first instance by the Selection Board and promotion was declined on the ground that a minor penalty stood imposed upon the petitioner. Feeling aggrieved the petitioner filed Writ Petition No.2850 of 2001 in this Court. The respondents took the plea that the petitioner supersession was recommended on the ground that a minor penalty of stoppage of one increment for two years, on account of misconduct had been imposed. Be that as it may, the writ petition was disposed of on 13-2-2002 with direction to the Secretary Establishment Division, to decide the appeal of the petitioner within two months. The said appeal was rejected on 8-4-2002. Meanwhile, the petitioner had filed CP No.450 of 2002 in the Hon'ble Supreme Court of Pakistan. This CP was heard on 2-5-2002. It was converted into an appeal and was allowed. I deem it necessary to reproduce here last three paragraphs of the said dictum. "3. We have heard the parties' counsel and have carefully gone through the relevant provisions of law particularly rule 4(1)(a)(ii) of the Government Servants (Efficiency and Discipline) Rules, 1973 and have also perused the available record maintained by the Central Election Board, during its meeting while considering the case of petitioner for promotion from P-18 to B-19. It is an admitted fact that petitioner was awarded minor penalty of stoppage of increment, therefore, in our opinion his promotion could have not been withheld, merely for such reasons. 4.…

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