DIRECTOR GENERAL OF INTELLIGENCE AND INVESTIGATION, F.B.R., ISLAMABAD vs MUHAMMAD ASLAM KHAN R

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DIRECTOR GENERAL OF INTELLIGENCE AND INVESTIGATION, F.B.R., ISLAMABAD VS MUHAMMAD ASLAM KHAN R. 8-B---appointment/promotion on acting charge basis---Scope---Rule 8-B of Civil Servants (appointment, Promotion and Transfer) Rules, 1973 provided for promotion on acting charge basis, but said Rule was to be used in bona fide situations and for bona fide purposes, and not to exploit employees. Citation Name: 2021 PLC(CS) 268 SUPREME-COURTBookmark this Case DIRECTOR GENERAL OF INTELLIGENCE AND INVESTIGATION, F.B.R., ISLAMABAD VS MUHAMMAD ASLAM KHAN R. 8-B---Constitution of Pakistan, Art. 27---Lower division clerk (LDC) in Federal Board of Revenue (FBR), post of---Direct recruitment post---Respondent-employee promoted to LDC post on acting charge basis in violation of the direct recruitment method---Respondent seeking confirmation to post of LDC after probationary period---Held, that FBR itself violated the mandate of Art. 27 of the Constitution when it promoted the respondent from the post of Sepoy to the post of LDC, on acting charge basis, against the post specifically reserved for direct recruitment---Granting of such promotion to the respondent was a voluntary act of the FBR---Respondent for almost 10 years served on the post of LDC and when he asked for confirmation, it was refused to him---In such circumstances FBR could not be allowed to take refuge under R. 8-B of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and approbate and reprobate at the same time, and in law, FBR would be estopped from taking such position---Federal Board of Revenue (FBR) could not be allowed to make its ministerial staff hostage to its own arbitrary, whimsical and capricious conduct and play with the employment of its ministerial staff---High Court had rightly held that respondent shall be deemed to be confirmed as LDC (BPS-7), immediately, after completion of probationary period with all service benefits --- Appeal was dismissed with a direction to Chairman, FBR to take appropriate action against the delinquent officials.

DIRECTOR GENERAL OF INTELLIGENCE AND INVESTIGATION, F.B.R., ISLAMABAD vs MUHAMMAD ASLAM KHAN R — 2021 PLC(CS) 268 SUPREME-COURT

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