Hafiz MUHAMMAD KALEEM UD DIN vs PROVINCE OF PUNJAB Constitutional petition — 2022 PLC(CS) 999 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 999 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: Hafiz MUHAMMAD KALEEM UD DIN vs PROVINCE OF PUNJAB Constitutional petition
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Hafiz MUHAMMAD KALEEM UD DIN VS PROVINCE OF PUNJAB Constitutional petition---Pro forma promotion---Maintainability---Scope---Petitioner, a retired civil servant, sought direction to the department to promote him from his due date---Promotion of petitioner was deferred due to pendency of an inquiry against him and incomplete service record---Stance of petitioner was that the FIR lodged against him had been cancelled; that he had also provided the complete service record but still he was not promoted and that even junior officers were promoted---Validity---Retired employee had no other option but to knock the door of the Court under Arts. 199 & 204 of the Constitution---Undeniably, the petitioner was entitled to be considered for promotion to the next higher grade, however, due to pendency of inquiry petitioner was not considered for pro forma promotion---Mere pendency of inquiry was no ground to deprive the petitioner from his lawful right---Department had no right to withhold such right of petitioner---Writ petition was accepted and the department was directed to promote the petitioner from his due date.

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