MOHAMMAD TARIQUE KHAN vs TRADING CORPORATION OF PAKISTAN (PVT — 2024 PLC(CS) 91 KARACHI-HIGH-COURT-SINDH

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MOHAMMAD TARIQUE KHAN VS TRADING CORPORATION OF PAKISTAN (PVT.) LTD. Ss. 42 & 54---Employment---Promotion---Suit for declaration, injunction and recovery of damages---Plaintiff was an employee of defendant No. 1, and contented that though he performed satisfactorily however was deprived of promotion in 2016 against which he agitated, which annoyed the high-ups and plaintiff became their target; consequently plaintiff was issued different show-cause notices and in order to deprive the plaintiff of his right of promotion, defendant No.1, changed the promotion policy and also reconstituted the selection board for promotion---Validity---On 04.05.2020 defendant No.1 constituted a Selection Board for promotions including for the subject post of Deputy General Manager---In the meantime Eid bonus of plaintiff was withheld on account of pendency of disciplinary proceedings---Plaintiff presuming that he might not be promoted had filed a representation before defendant No.1 followed by present suit---Promotion cannot be deferred on the ground of pendency of some disciplinary or departmental proceedings---Even otherwise, there was no departmental/disciplinary proceedings pending against the plaintiff as in the first show-cause notice, the plaintiff had already been exonerated whereas as far as second notice was concerned, the same had been suspended---Such facts were not disputed by the defendants, as being a matter of record---Thus, even the bonus/Eid allowance could not be denied on account of pendency of the proceedings---Promotion could not be deferred till such time the enquiry and/or disciplinary proceedings were finalized as a person was presumed to be innocent until found guilty---Pendency of inquiry and minor penalties could not come in way of promotion---Enquiry proceedings pending against plaintiff for an indefinite period smacked of arbitrariness and mala fide and was a hanging sword on head of employees---Such treatment could not sustain in eye of law to deprive the plaintiff of promotion---Pendency of inquiry was no ground for denying promotion to the employee and no one could be punished by denying promotion before establishing charge---Any such rule formed in deviation of settled principle of law will not come in the way of equality rights guaranteed by Constitution---Applications were allowed with direction to release the withheld Eid/bonus allowance, if any, to the plaintiff in two weeks time and the plaintiff be considered for promotion on merit in the upcoming selection board meeting.

MOHAMMAD TARIQUE KHAN vs TRADING CORPORATION OF PAKISTAN (PVT — 2024 PLC(CS) 91 KARACHI-HIGH-COURT-SINDH

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