Law:

Section:

(a) Civil service----------Promotion---Withholding of promotion on ground of anticipated departmental inquiry after civil servant was recommended by Selection Board and- was approved by Competent Authority---Validity---Withholding of promotion was a penalty---Refusal to issue formal notification of promotion of civil servant on such ground after he had been recommended and duly approved by Competent Authority, was illegal and arbitrary. Tahir Latif Sheikh v. Federation of Pakistan and another 2000 PLC (C.S.) 582 ref. (b) Civil service--- ---- Promotion---Pendency or contemplated initiation of disciplinary proceedings---Right of civil servant to be considered for promotion not barred---Duty pf Selection Board and Competent Authority to consider effect of pending inquiry and then determine, whether civil servant should or should not be promoted---Rationale behind such rule stated. An officer against whom a departmental, inquiry has already been initiated before consideration of his case for promotion, is not an outcast for purpose of consideration of his case for promotion and there is no bar on his promotion. The approach that a civil servant cannot or should not be promoted during pendency of departmental inquiry is not to be accepted and applied as an inflexible rule. It will depend on the facts and circumstances of each individual case. However, Selection Board and Competent Authority are required to consider the effect of pending inquiry and then to determine, whether civil servant should or should not be promoted. The rationale behind is, firstly, that unless an allegation is proved, it remains an accusation only, may give rise only to a suspicion about conduct of a civil servant and a speculation that he might ultimately be punished. Secondly, if at all as a result of departmental inquiry, a civil servant is found to be guilty, he may be suitably punished which may include his dismissal. Administrative authorities are free from observing the fetters and technicalities of judicial trial, because in such-like matters they are not acting judicially, nevertheless their decisions are required to be based on relevant considerations and material and not on…

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