| Case ID |
17621cab-c756-4d5e-9d58-6164e163857c |
| Body |
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| Case Number |
Civil Petition No.591 of 1998 |
| Decision Date |
Oct 15, 1998 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed. The Supreme Court found that once a civil servant was recommended for promotion by the Departmental Promotion Committee and the recommendation was accepted by the competent authority, a right was created in favor of the civil servant. The withholding of the civil servant's name from the notification for promotion was not warranted by law. The Court emphasized that no one should be condemned without proper evidence and that a person is presumed innocent until proven guilty. The petitioners failed to provide sufficient material to substantiate any alleged misconduct on the part of the respondent. |
| Summary |
This case revolves around the promotion of a civil servant who was recommended by the Departmental Promotion Committee for a promotion to B-18. Despite being found fit for promotion and the recommendation being approved by the competent authority, the civil servant's name was omitted from the final list of promotees without any show-cause notice being issued. The Supreme Court of Pakistan held that the omission was unlawful and that the civil servant had a right to be notified for promotion once the competent authority had approved the recommendation. The judgment highlighted the principles of fairness and due process in administrative actions, stating that a civil servant should not be deprived of their rightful promotion without adequate justification. The decision reinforces the importance of transparency and accountability in civil service promotions, ensuring that civil servants are treated justly and in accordance with established procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Tanvir Bashir Ansari, Deputy Attorney-General,
Raja Abdul Ghafoor Advocate-on-Record for Petitioners,
Muhammad Naseem, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record for Respondents
|
| Petitioners |
ANOTHERS,
THE CHAIRMAN, CENTRAL BOARD OF REVENUE
|
| Respondents |
11 others,
MUHAMMAD MALOOK
|
| Citations |
1999 SLD 361,
1999 SCMR 1540
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
|