2011 PLP (C (PLC(CS))
MUHAMMAD HANIF Versus PROVINCE OF SINDH and others
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Sindh High Court |
| Bench Members | Ahmad Ali Shaikh, J |
| Parties | MUHAMMAD HANIF Versus PROVINCE OF SINDH and others |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Sindh High Court bench comprising: Ahmad Ali Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (MUHAMMAD HANIF Versus PROVINCE OF SINDH and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Nawaz Shaikh for Petitioner.
- Adnan A. Karim, A.A.-G. for Respondent.
- ----Art. I99---Constitutional petition---Civil service---Promotion---Petitioner was deprived from being promoted merely because of pendency of an F.I.R. against him---Additional Advocate General, agreed in principle that the matter could be referred to the Departmental Promotion Committee to decide case of the petitioner on merits without any regard whatsoever to pendency of the F.I.R. against the petitioner---Matter was disposed of by directing the authorities to consider the case of the petitioner for promotion purely on merits without any regard whatsoever to pendency of any criminal or civil case against him.
Headnotes / Summary
Art. I99
Constitutional petition
Petitioner was deprived from being promoted merely because of pendency of an F.I.R. against him
Additional Advocate General, agreed in principle that the matter could be referred to the Departmental Promotion Committee to decide case of the petitioner on merits without any regard whatsoever to pendency of the F.I.R. against the petitioner
Matter was disposed of by directing the authorities to consider the case of the petitioner for promotion purely on merits without any regard whatsoever to pendency of any criminal or civil case against him. Muhammad Ayaz Khan v, Government of Sindh and others 2007 PLC (C.S.) 716 ref.
Judgment & Decree
AHMAD ALI SHAIKH, J.
Learned counsel for the petitioner has submitted that mere pendency of an F.I.R., against a civil servant, cannot deprive him from being promoted. Even otherwise, in the case which is relied upon by the learned A.A.-G. being F.I.R. No.18/2003 of Police Station Anti-Corruption Establishment (ACE) Larkana, the name of the petitioner does not transpire. In such event it can hardly be presumed that there is any F.I.R. against him, for which he could be denied promotion. He has relied upon the case reported in Muhammad Ayaz Khan v. Government of Sindh and others 2007 PLC (C.S.)
716. In reply, learned A.A.-G. has submitted that he may be given time to prepare further papers with regard to such F.I.R. However, he has agreed in principle that the matter can be referred to the Departmental Promotion Committee (D.P.C.) to decide the petitioner's case on merits without any regard whatsoever to pendency of the F.I.R. We have heard learned counsel for the petitioner as well as learned A.A.-G. In the circumstances of the case, we would dispose of the matter by directing the respondents to consider the case of the petitioner for promotion purely on merits without any regard whatsoever to pendency of any criminal or civil case against him. H.B.T./M-25/K Order accordingly.