Law:

Section:

(a) Civil service-------Promotion, fitness for---Case of the civil servant for promotion was deferred on account of pendency of enquiry by National Accountability Bureau---Contention of the department that case of promotion was to be deferred till such time the enquiry was finalized, could not be substantiated because a person was presumed to be innocent until found guilty---High Court remanded the case of civil servant to the department with directions to decide his case of promotion etc, solely on merit and the Rules without taking into consideration the pendency of the NAB case against him. Habib-ur-Rehman v. Defence Secretary, Government of Sindh and others 2003 PLC (C.S.) 56 and I.A. Sherwani and others v. Government of Pakistan 1991 SCMR 1041 ref. (b) Service Tribunal--- ----Jurisdiction---Matter concerning fitness of civil servant for promotion was beyond the jurisdiction of Service Tribunal. Habib-ur-Rehman v. Defence Secretary, Government of Sindh and others 2003 PLC (C.S.) 56 and I.A. Sherwani and others v. Government of Pakistan 1991 SCMR 1041 ref. Rasheed A. Razvi for Petitioner. Muhammad Ahmed Pirzada, A.A.-G. Sindh. Ainuddin Khan for NAB (Sindh). ORDER Learned counsel for the petitioner submits that vide the impugned order, dated 1-2-2005 the case of the petitioner for promotion was deferred due to the pendency of the NAB enquiry against him. According to learned counsel, this issue cannot be pended indefinitely since though promotion may not be a vested right at least consideration for promotion is a vested right which has been deferred. Learned counsel has, therefore, prayed that although reference has been filed against the petitioner, the matter is yet to go to trial and it is to be determined whether or not he is guilty of the charge levelled against him i.e. of possession of assets which are not proportionate to known source of income and that too subject to final appeal to Honourable Supreme Court. With regard to the jurisdictional issue which was raised on the last date of hearing the learned counsel has relied upon the case of Habib-ur-Rehman v. Defence Secretary, Government of Sindh and others 2003 PLC (C.S.) 56 for the proposition that…

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