ZAHHID RASHID vs FEDERATION OF PAKISTAN through Secretary to the Prime Ministry Sched

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ZAHHID RASHID VS FEDERATION OF PAKISTAN through Secretary to the Prime Ministry Sched. IV---Constitution of Pakistan, Art.199---Promotion of Civil servant---Fitness, 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. Citation Name: 2023 PLC(CS) 251 ISLAMABADBookmark this Case ZAHHID RASHID VS FEDERATION OF PAKISTAN through Secretary to the Prime Ministry S.4---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Promotion---Fitness and suitability---Service Tribunal, jurisdiction of---Scope---Jurisdiction to resolve questions regarding fitness and suitability of a civil servant to be considered for promotion does not vest in Service Tribunal---High Court is the proper forum to adjudicate upon such matters in exercise of its Constitutional jurisdiction.

ZAHHID RASHID vs FEDERATION OF PAKISTAN through Secretary to the Prime Ministry Sched — 2023 PLC(CS) 251 ISLAMABAD

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