| Case ID |
36d7a744-2b0a-4bfa-831b-2e46da479ad1 |
| Body |
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| Case Number |
Writ Petition No. 5703 of 1996 |
| Decision Date |
Jun 05, 1996 |
| Hearing Date |
Nov 28, 1995 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, Muhammad Ahsraf, stating that the Departmental Promotion Committee's decisions regarding his promotion were made without lawful authority. The court found that the petitioner had been unfairly denied promotion despite having no adverse remarks in his record. The court emphasized that the grounds for his earlier removal from service were not valid as they had been set aside by the Federal Service Tribunal. Consequently, the court ordered that his case be remitted to the Departmental Promotion Committee for reconsideration in accordance with the law. |
| Summary |
In the case of Muhammad Ahsraf vs. Water and Power Development Authority, the Lahore High Court addressed the issue of civil servant promotion deferment under the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975. The petitioner, who had faced previous disciplinary actions, was denied promotion by the Departmental Promotion Committee (DPC) despite having his earlier removal set aside by the Federal Service Tribunal. The court found that the DPC relied on outdated information regarding the petitioner's conduct, which had already been resolved. The ruling highlights the importance of fair evaluation in civil service promotions, ensuring that considerations are based on current and accurate records. The court's decision to remand the case for fresh consideration underscores the need for adherence to legal standards in promotion processes. This case is pivotal for understanding the dynamics of civil service law, particularly in relation to the rights of employees facing promotion challenges, and emphasizes the role of judicial oversight in administrative decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Investigation Agency,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Judges |
AHMAD SAEED AWAN, J
|
| Lawyers |
Syed Jamshed Ali,
Ch. Mushtaq Masood,
Faqir Muhammad Khokhar, Dy. A.G.
|
| Petitioners |
MUHAMMAD AHSRAF
|
| Respondents |
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA
|
| Citations |
1997 SLD 614,
1997 PLC 132
|
| 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 (Appointment, Promotion and Transfer) Rules, 1975,
Federal Investigation Agency Act (VIII of 1975),
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|