| Case ID |
51293646-dfd8-4d44-aa04-925385312b4f |
| Body |
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| Case Number |
Case No. 764 of 1984 |
| Decision Date |
Feb 18, 1985 |
| Hearing Date |
|
| Decision |
The Tribunal found that the Selection Committee acted arbitrarily in deciding the promotion of the appellant, Sharaf-ud-Din, for the post of Naib-Tehsildar. Despite no adverse remarks in his service record, the Committee had overlooked him in favor of candidates with lower qualifications and performance. The Tribunal acknowledged the limitations of its jurisdiction under Section 4 of the Punjab Service Tribunals Act, 1974, which restricts interference in promotion matters. However, it directed the Commissioner to reconsider the case of the appellant and others in the interest of justice, emphasizing that the Committee must evaluate the merits of all candidates fairly. |
| Summary |
In the case of Sharaf-ud-Din vs. Commissioner, Multan Division and others, the Service Tribunal of Punjab addressed issues surrounding promotions under the Punjab Service Tribunals Act, 1974. The appellant challenged the decision of the Divisional Selection Committee, which denied his promotion to Naib-Tehsildar, citing a missing remark in his integrity column. The Tribunal recognized that the Selection Committee cannot act arbitrarily, as it must consider all candidates' merits and demerits. The decision emphasized the importance of fair evaluation in promotion processes, aligning with trending legal concepts such as 'administrative justice' and 'fairness in public service.' The judgment calls for a review of the decision made by the Selection Committee, reflecting a commitment to uphold principles of justice and equity in administrative actions. This case serves as a precedent for future disputes involving promotion practices within government services, reinforcing the necessity for transparency and accountability within selection committees. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN, CHAIRMAN,
SHARAFUDDIN
|
| Lawyers |
Riaz Anwar,
A.G. Humayun, District Attorney
|
| Petitioners |
Sharaf-ud-Din
|
| Respondents |
18 others,
Commissioner, Multan Division,
Baqa Muhammad
|
| Citations |
1985 SLD 1870,
1985 PLC 486
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4(1)(b)
|