| Case ID |
5e75c07c-0122-4b78-94a0-8e859ad0ab60 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No.D-148 of 2007 |
| Decision Date |
Jul 24, 2007 |
| Hearing Date |
|
| Decision |
The Sindh High Court addressed the promotion case of the petitioner, Shaokat Ali, who was superseded based on vague allegations in a report referred to as 'Low Down'. The court found that the allegations were in conflict with the petitioner's A.C.Rs, where he had consistently received favorable evaluations. The court ruled that the Selection Board could not use intelligence reports or ongoing inquiries as grounds for supersession without valid justification under the guidelines. The petitioner met the eligibility criteria for promotion and had been recommended accordingly. Therefore, the court directed the authorities to consider him for promotion in the upcoming Central Selection Board meeting while ensuring that the allegations and ongoing inquiries did not impede his case. |
| Summary |
In the 2007 case involving Shaokat Ali against the Federation of Pakistan, the Sindh High Court examined the legality of his supersession from promotion based on questionable remarks in a report known as 'Low Down'. The court emphasized that the remarks were vague and contradicted the favorable A.C.Rs received by the petitioner over the years. The court highlighted that the guidelines for promotion do not allow for supersession based solely on intelligence reports or pending inquiries, affirming that eligibility should be determined on merit. The decision mandated a reevaluation of the petitioner's promotion eligibility in the next board meeting, ensuring fairness in the selection process. This case underscores the importance of transparent and justified criteria in public service promotions, aligning with the principles of the Civil Servants Act and the Constitution of Pakistan. Keywords: promotion, civil servant, Sindh High Court, legal decision, eligibility criteria. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM,
NADEEM AZHAR SIDDIQI
|
| Lawyers |
Muhammad Farogh Naseem,
S. Mahmood Alam Rizvi,
S.M. Iqbal
|
| Petitioners |
SHAUKAT ALI
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2007 SLD 2493 = 2007 PLC 1300
|
| Other Citations |
Muhammad 'Yousuf Butt .v. Central Board of Revenue and another 2007 PLC (C.S.) 718,
2007 PLC (C.S.) 716
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
9,
199
|