Law: Punjab Civil Servants Act, 1974 

Section: 8

Law: Constitution of Pakistan, 1973

Section: 5(2)

Punjab Civil Servants Act (VIII of 1974)---   ----S. 8---Constitution of Pakistan (1973), Arts.4 5(2)---Promotion---Superseding---Principle of equity, justice and fairplay---Applicability---Act of public functionaries---Protection of law---Obedience of Constitution---Civil servant was awarded major penalty of reduction in time scale by one stage, against which he had filed appeal---Despite pendency of appeal before Service Tribunal, civil servant was superseded---Appeal of civil servant was partly allowed by Service Tribunal and major penalty was reduced to minor penalty of stoppage of one increment---Plea raised by petitioner was that he was entitled to be promoted from the date when major penalty was imposed upon him---Validity---Filing of appeal was in the knowledge of concerned authorities at the time of supersession of civil servant when his junior was promoted---Such fact had brought the case of civil servant in the area that civil servant was penalized by the act of public functionaries---Nobody could be penalized by inaction of public functionaries---Lis with regard to major penalty being pending at the relevant time for adjudication before Service Tribunal, therefore, it was in the interest of justice and fairplay that authorities must have deferred the case of civil servant to await result of his appeal instead of superseding him---Such action of authorities was not in consonance with the principle of equity, justice and (airplay---Public functionaries were duty bound to act within the frame-work of Constitution and it was command of Constitution by virtue of its Art.5(2) read with Art.4 that everybody, whosoever, must act in obedience of the Constitution to perform/discharge his duties in accordance with law---Supreme Court directed the authorities to consider the case of civil -servant for pro forma promotion from the date when major penalty was awarded---Petition was converted into appeal and allowed.    Messrs Airport Support Services case 1998 SCMR 2268; Muhammad Tariq Pirzada and others case 1999 SCMR 2744; Aslam Warraichs case 1991 SCMR 2330; Zahid Akhtars case PLD 1995 SC 530 and Ch. Zahur Elahis case PLD 1975 SC 383 rel.…

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