1992 PLP (C (PLC(CS))
Syed BASHIR AHMED SHAH Versus SECRETARY, GOVERNMENT OF SINDH C & W, KARACHI and 2 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan, Chairman and Ghulam Mujaddid Isran, Member |
| Parties | Syed BASHIR AHMED SHAH Versus SECRETARY, GOVERNMENT OF SINDH C & W, KARACHI and 2 others |
| Primary Law | (b) Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975, (a) Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975, (a) Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan, Chairman and Ghulam Mujaddid Isran, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Syed BASHIR AHMED SHAH Versus SECRETARY, GOVERNMENT OF SINDH C & W, KARACHI and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fazle Ghani for Appellant.
- Manzoor Ali Khan for Respondent No.3.
- Date of hearing: 20th August, 1991.
Headnotes / Summary
R. 13
Entitlement to
Civil servant, as a result of departmental enquiry was awarded penalty of withholding of promotion for two years, which penalty was substituted by minor penalty of only "censure" by Tribunal
Censure, being minor punishment, same could not stand in way of promotion of civil servant. Tajamal Hussain's case 1985 PLC (C.S.) 848 and Nazir Ahmed's case 1986 PLC (C.S.) 228 ref.
R. 13
Sindh Service Tribunals Act (XV of 1973), Ss. 4 & 8
Promotion-- Sufferance of departmental penalty was included in criteria to be considered by competent Authority for determining suitability or fitness of a civil servant for promotion
If for administrative reasons or in view of Government's rules/circulars, punishment awarded to civil servant was ignored for promotion, it was entirely discretion of Authority concerned and Service Tribunal had no jurisdiction to interfere in exercise of such departmental discretion
Jurisdiction of Service Tribunal was barred for determination of suitability or fitness of a civil servant for purpose of promotion. M. Aqil Avian for the Government.
Judgment & Decree
R. 13
Entitlement to
Civil servant, as a result of departmental enquiry was awarded penalty of withholding of promotion for two years, which penalty was substituted by minor penalty of only "censure" by Tribunal
Censure, being minor punishment, same could not stand in way of promotion of civil servant. Tajamal Hussain's case 1985 PLC (C.S.) 848 and Nazir Ahmed's case 1986 PLC (C.S.) 228 ref. (b) Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975
R. 13
Sindh Service Tribunals Act (XV of 1973), Ss. 4 & 8
Promotion-- Sufferance of departmental penalty was included in criteria to be considered by competent Authority for determining suitability or fitness of a civil servant for promotion
If for administrative reasons or in view of Government's rules/circulars, punishment awarded to civil servant was ignored for promotion, it was entirely discretion of Authority concerned and Service Tribunal had no jurisdiction to interfere in exercise of such departmental discretion
Jurisdiction of Service Tribunal was barred for determination of suitability or fitness of a civil servant for purpose of promotion. Fazle Ghani for Appellant. Manzoor Ali Khan for Respondent No.3. M. Aqil Avian for the Government. Date of hearing: 20th August, 1991.