Promotion of civil servants

2023 PLC(CS) 251 ISLAMABAD Judicial Precedent

Sched. IVConstitution of Pakistan, Art.199Promotion of Civil servantFitness, determination of

Petitioner/civil servant was aggrieved of decision of authorities to supersede him on the recommendations of Central Selection Board (C.S.B.)

Validity

Where C.S.B. wanted to take a view about an officer under consideration for promotion which was contrary to what was stated about that officer in his Performance Evaluation Reports (P.E.Rs.) or any other official record, such view must be supported by credible information / documents on record

In the process of judicial review undertaken by High Court under Art. 199 of the Constitution, authorities must not shy away from bringing such record to the fore so that High Court found that no procedural impropriety or illegality was committed by C.S.B. in process of considering the officer for promotion

Matter concerned was not petitioner's eligibility for promotion but was his fitness

C.S.B. was required to carry out an objective assessment of petitioner when under consideration for promotion in accordance with the parameters set out in schedule-IV to Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019

High Court was vested with jurisdiction under Art.199 of the Constitution to judicially review process and manner in which discretion was exercised by C.S.B. in recommending supersession of an officer under consideration of promotion

High Court set aside the letter in question and treated petitioner's supersession as deferment

High Court desired that petitioner would be considered for promotion to BS-20 by the C.S.B. in its next meeting

Constitutional petition was allowed accordingly.

2013 PLD 195 SUPREME-COURT Judicial Precedent

S. 9Constitution of Pakistan, Art. 184(3)Promotion of civil servantsDiscretionPrinciplesDiscretion in matters of promotion must be exercised fairly and in a transparent manner

Such discretion had to be understood within the four corners of the concept of rule of law upon which the system of governance was founded

Every Authority in the State was bound to obey the dictates of the law and had no personal or absolute discretion.