| Case ID |
23641c3b-2878-4686-a263-dba2c5fe0de6 |
| Body |
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| Case Number |
Writ Petition No.11 of 2007 |
| Decision Date |
Mar 19, 2007 |
| Hearing Date |
Mar 19, 2007 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, Muhammad Ashraf, by allowing the writ petition. The court found that the Selection Board had not applied a proper judicious mind to the petitioner’s case when it was not promoted based on an intelligence report regarding his integrity. The court emphasized that the intelligence report lacked tangible material and could not replace the Annual Confidential Reports (ACRs) of the petitioner. The decision of the competent authority that superseded the petitioner was declared without lawful authority and thus set aside. The case was remanded back to the Central Selection Board for a fresh decision within two months. |
| Summary |
This case revolves around the promotion of Muhammad Ashraf, a civil servant whose promotion was denied based on an intelligence report questioning his integrity. The Lahore High Court found that the report was inferior to the Annual Confidential Reports and could not serve as the sole basis for the decision. The judgment emphasized the importance of fair treatment in promotions and the necessity of tangible evidence when assessing a civil servant's integrity. The case highlights the legal principles surrounding civil service promotions in Pakistan, particularly the need for procedural fairness and the proper evaluation of evidence. The ruling underscores the judicial oversight on administrative decisions affecting civil servants, ensuring that they are made in accordance with established laws and guidelines. This decision is significant for understanding the balance between administrative discretion and the rights of civil servants. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Masood Ashraf Sheikh for Petitioner,
Zafar Iqbal Ch. D.A.-G. with Mehboob Alam Deputy Secretary, Establishment Division for Respondents
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary Establishment, Government of Pakistan and another
|
| Citations |
2007 SLD 2007,
2007 PLC 669
|
| Other Citations |
Muhammad Zafeer Abbasi's case 2003 PLC (C.S.) 503,
Muhammad Farooq Chauhan v. Province of Punjab PLD 1987 SC 271,
Muhammad Akbar Khan v. Federation of Pakistan 2006 PLC (C.S.) 619,
Shafi Muhammad Mughal v. Secretary Establishment Division and others 2001 SCMR 1446
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
9,
199,
212
|