PROVINCIAL SELECTION BOARD,GOVERNMENT OF KHYBER PAKHTUNKHWA vs HIDAYAT ULLAH KHAN GANDAPUR art

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PROVINCIAL SELECTION BOARD,GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIDAYAT ULLAH KHAN GANDAPUR art. 25---Civil service---Wrong benefit/order passed in favour of a civil servant---Such benefit/order could not be used as a foundation (by another civil servant) for avowing equality or equal opportunity for enforcement of treatment alike, rather such right should be founded on a legitimate and legally implementable right---Wrong order could not be allowed to carry on which hardly conferred any right to claim parity or equality. Citation Name: 2021 SCMR 1904 SUPREME-COURTBookmark this Case PROVINCIAL SELECTION BOARD,GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIDAYAT ULLAH KHAN GANDAPUR S. 3(1)---National Accountability Ordinance (XVIII of 1999), Ss. 9, 10, 15 & 25---Pro-forma promotion---Scope---Civil servant released after plea bargain with National Accountability Bureau (NAB) dismissed from service by his department---Whether upon retirement such civil servant could seek pro-forma promotion having admitted to his guilt---Held, that respondent-civil servant was arrested by NAB for his involvement in corruption and corrupt practices; he confessed to his guilt and put forward an application for plea bargain; he also surrendered Rs.17.5 million which he gained on account of corruption or corrupt practices---Respondent was a civil servant and once he availed the benefits of plea bargain and his request was accepted by the court, he would be deemed to have been convicted of the offence of corruption and corrupt practices---Section 15 of the National Accountability Ordinance, 1999 ('the Ordinance') stipulated that if an accused person was convicted under S. 9, he shall forthwith cease to hold public office if any held by him and further he shall be disqualified for a period of ten years to be reckoned from the date of his release---Proviso attached to said section provided that any accused person who had availed the benefit of subsection (b) of S. 25 (plea bargain) shall also be deemed to have been convicted for offence under the Ordinance and shall forthwith cease to hold public office --- In such circumstances the respondent was not entitled to claim pro-forma promotion as a vested right---Direction issued by the High Court to grant pro-forma promotion to the respondent was not based on correct exposition and elucidation of law and facts---Appeal was allowed and impugned judgment of High Court was set aside.

PROVINCIAL SELECTION BOARD,GOVERNMENT OF KHYBER PAKHTUNKHWA vs HIDAYAT ULLAH KHAN GANDAPUR art — 2021 SCMR 1904 SUPREME-COURT

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