| Case ID |
2c8a5fee-47c7-4507-b515-2c71946d3d1b |
| Body |
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| Case Number |
Writ Petition No. 66 of 1992 |
| Decision Date |
Nov 29, 1995 |
| Hearing Date |
Nov 28, 1995 |
| Decision |
The Lahore High Court accepted the writ petition, declaring the decisions of the Departmental Promotion Committee dated 36-1989 and 24-1989 as having been made without lawful authority. The court found that the petitioner, who had been denied promotion despite no adverse remarks in his record, was entitled to promotion. The court noted that the Departmental Promotion Committee had acted inconsistently and arbitrarily by deferring the petitioner's promotion on grounds that had already been resolved in his favor. The case was remitted back to the Departmental Promotion Committee for reconsideration in accordance with the law. |
| Summary |
This case revolves around the promotion rights of a civil servant within the Federal Investigation Agency (FIA). The petitioner, Muhammad Ahsan-Ulhaq, challenged the decisions of the Departmental Promotion Committee that deemed him unfit for promotion to the rank of Inspector. The Lahore High Court scrutinized the procedural fairness of the DPC meetings held in 1989, highlighting that the petitioner had faced arbitrary treatment and that the grounds for his supersession were not substantiated by adverse remarks or complaints. The court emphasized that a minor penalty, such as censure, should not permanently hinder a civil servant's career progression. The judgment underscores key principles of administrative fairness in public service promotions, aligning with constitutional protections against arbitrary state action. The court's ruling reinstates the petitioner's entitlement to a fair consideration for promotion, ensuring adherence to established legal frameworks governing civil service conduct and promotion procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TANVIR AHMAD KHAN, J
|
| Lawyers |
Syed Jamshed Ali,
Ch. Mushtaq Masood,
Faqir Muhammad Khokhar, Dy. A.G.
|
| Petitioners |
MUHAMMAD AHSAN-ULHAQ
|
| Respondents |
11 others,
SECRETARY TO GOVERNMENT OF PAKISTAN, MINISTRY OF INTERIOR, ISLAMABAD
|
| Citations |
1997 SLD 613 = 1997 PLC 127
|
| Other Citations |
Ch. Yar Muhammad Durriayana v. Government of the Punjab and another 1992 PLC (C.S.) 95,
Muhammad Ejaz v. Secretary to Government of Punjab, Home Department 1991 PLC (C.S.) 244,
M.A. Rafique v. Managing Director (Power), WAPDA and another 1990 SCMR 927,
M.R. Khalid v. Government of the Punjab 1994 PLC (C.S.) 138
|
| Laws Involved |
Federal Investigation Agency Act (VIII of 1975),
Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
Preamble,
Schedule 1,
Arts. 199 & 212
|