Deferment of promotion

2025 PLC(CS) 1588 KARACHI-HIGH-COURT-SINDH Judicial Precedent

R.13Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.5 & 8-ADeferment of promotionGrounds and conditionsExoneration from pending charges/inquiriesConsequences and scopeProcedure, legal framework and scope

Regarding the deferment of a civil/government servant's promotion, R. 13 of the Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975, allows for postponement if their seniority is disputed or undetermined, if they are on deputation, training, or leave, if disciplinary proceedings are pending against them, or for any reason other than their lack of fitness for promotion

In such cases, the competent authority must ensure that future disciplinary action against government/civil servants facing pending disciplinary and/or criminal proceedings is taken under R. 5 of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, and that these proceedings are concluded/decided promptly according to the law

It is understood that if the government/civil servant is cleared of the charges, they will be treated as per R. 8-A of Sindh Civil Servants(Efficiency and Discipline) Rules, 1973, and R. 13 of Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975.

2025 PLC(CS) 1588 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Promotion, right ofScopeMisconductEffectDeferment of promotionA fundamental prerequisite for promotion is a clean service record

This is the bare minimum expectation to maintain an efficient and transparent administration and safeguard public interest

An employee found guilty of misconduct cannot be considered equal to other employees and must be treated distinctly

When evaluating an employee for promotion, their complete service history must be examined

If a promotion committee considers penalties imposed on an employee and subsequently denies them promotion, such a decision would not be deemed unlawful or without merit within the principles of service law

A promotion cannot be automatically deferred solely for the pendency of disciplinary proceeding after two years

The Departmental Promotion Committee (DPC) must assess each promotion proposal on a case-by-case basis, considering all relevant factors, including the employee's overall service record.

2025 PLC(CS) 293 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Rr. 7(i) & 7(j)Revised Promotion Policy, 2007, Para. 1(b)(iii)(iv)Deferment of promotionScopeCriminal charges against civil servantEffect

Petitioner (civil servant of BPS-19) by challenging his deferment of promotion sought direction to the official respondents to reconsider his case for promotion against the post of BS-20 with effect from the date when his juniors were promoted

Plea of the petitioner was that he had been acquitted from the criminal case against him, and his deferment on the continual various grounds was no more in the field

Validity

Petitioner, un-deniably, was facing a NAB reference and he was acquitted under S. 265-K, Cr.P.C, by the Accountability Court in the Reference filed against him

If any civil servant was facing an enquiry, investigation, NAB reference, his case could be deferred

Reasons assigned by the Central Selection Board (CSB) on the said analogy appeared to be reasonable and did not call for deliberation

In the meanwhile the petitioner had also failed to earn Performance Evaluation Reports (PERs) in the year 2021 and did not submit his assets declaration for the last about four years

Record revealed that the petitioner managed to retain his deputation with the Sindh Government despite the issuance of a repatriation letter issued by the Establishment Division as informed, but he remained adamant, as such prima facie he had defied the directives of the competent authority which action fells within the ambit of disciplinary proceedings under the law

Petitioner, admittedly, was considered for promotion in the CSB meetings but was deferred on account of many factors

Case of the petitioner for promotion was rightly deferred by the competent authority / CSB and such decision did not call for any interference by the High Court, however, his further deferment if any shall be subject to the ceasing of reasons based on which the deferment took place

Constitutional petition was disposed of accordingly.

2016 SCMR 1784 SUPREME-COURT Judicial Precedent

R. 13Deferment of promotionGroundsProforma promotionScope

Civil servant not promoted on his turn on the ground that either his seniority was under dispute or was not determined; or, he was on deputation, training or on leave; or disciplinary proceedings were pending against him; or he was not considered by the selection authority inadvertently

When dispute as to seniority of such civil servant was resolved in his favour; or his deputation, training or leave was over; or disciplinary proceedings culminated in his favour, or where inadvertence for not considering his promotion was remedied, only then on subsequent promotion, such civil servant would rank and be deemed to have been promoted in the same batch at par with his contemporary batchmates who were promoted earlier to him.