1984 PLP 1321 (SCMR)

According to the Service Tribunal, the adverse remarks for the year 1978 were expunged only partially and further that it is the prerogative of the executive to confer pro forma promotion and if this is not allowed the jurisdiction of the Tribunal does not extend to sitting on judgment over such a decision. Raja Muhammad Muzaffar, learned counsel for the petitioner, in support of this petition, has tried to show that the view of the Service Tribunal that the adverse remarks of the petitioner for the year 1978 were expunged only partially is not correct. However, after seeing the relevant orders we are inclined to agree with the assessment of the Service Tribunal that the adverse remarks for the year 1978 were only partially expunged. The learned counsel also criticised the finding of the learned Service Tribunal that it is the prerogative of the executive to confer pro forma promotion and, in such matters, the Tribunal did not have any jurisdiction to sit on judgment over the decision of the executive. He pointed out that the grant of pro forma promotion is dealt within a Circular Letter No. SORII (S&GAD)‑2‑52/73, dated 16‑10‑1973 issued by the Government of the Punjab, Services, General Administration and Information Department, which, being of a general nature and dealing with these questions with particularity, has the force of rules. We have perused the said letter and find that in the instant case paras. 4 and 6 thereof are relevant. Para 4 to the extent relevant provides:‑ "Pro forma promotion is generally granted in the typical cases mentioned below:‑ (i) The seniority of two officials is in dispute. The senior official is promoted on due date but subsequently the junior official establishes his claim of seniority by obtaining a favourable decision from Government of the Civil Services Appellate Tribunal; (ii) The official is under suspension or facing a departmental inquiry on serious charges and therefore, his promotion is deferred. Eventually, he is exonerated of the charges and he has to be given pro forma promotion from the date on which he would otherwise have been promoted; (iii) An official is considered unfit for promotion because of adverse remarks in his Character Roll. Subsequently, he succeeds in getting the remarks expunged and claims pro forma promotion; and (iv) In very rare cases an official might be ignored for promotion due to clerical error or plain negligence. As regards Item (iii) above, this matter is dealt with in para. 6 wherein it is stated that as regards expunction of adverse remarks Item (iii) of para. 4 reproduced above, the rule to be followed is that "if there are any other factors going against the official or the adverse remarks were only partially expunged, pro forma promotion should not be granted". In view of the fact that the adverse remarks against the petitioner were only partially expunged he was, therefore, not entitled to pro forma promotion. It is, therefore, in these circumstances, not necessary, to comment upon the view of the learned Service Tribunal that the matter of conferment of pro forma promotion is always the prerogative of the executive over which the jurisdiction of the Service Tribunal does not extend. The result is that this petition must fail and is, accordingly, dismissed hereby. S.Q. Petition dismissed.