GULZAR MUHAMMAD vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar F

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GULZAR MUHAMMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar F.R. 54a---Proceedings against civil servants/government servants---Responsibilities of the department---Departments of the Provincial Government not adhering to the Khyber Pakhtunkhwa Local Councils Servants (Efficiency and Discipline) Rules, 1980 ('the Rules 1980')---Through in the Rules, 1980, for all proceedings (the service of charge sheet, reply, proceedings of enquiry, service of show-cause notice and its reply), time frame is provided, however, years and years pass and the departmental proceedings are kept pending---This is one of the reasons that civil servants/government servants throng to the Courts against such in-actions---It appears that pendency of departmental proceedings against a civil servant is considered as a routine matter in the departments and they have failed to feel the agonies of the officers/officials---It is high time that the worthy Chief Secretary takes notice of these facts, illegalities and irregularities in the conduct of the departmental proceedings, particularly, the delay occasioned in each and every inquiry in violation of the Discipline Rules 1980, as the officers who are the cause of such delay in departmental proceedings are violating the mandatory provisions of the Discipline Rules, 1980 and it also amounts to inefficiency/misconduct within the meaning of law---Petitioner had been deprived of his promotion on the ground of pendency of departmental proceedings and he had never been proved guilty during the course of his service and as such, on his retirement in terms of Fundamental Rule 54a, he stood exonerated; thus, he was entitled to be considered for promotion w.e.f. 27.10.2017---High Court directed that case of the petitioner be placed before the Local Council Board for pro forma promotion in accordance with law positively within a period of two months---Constitutional petition, was allowed accordingly. Citation Name: 2025 PLC(CS) 755 PESHAWAR-HIGH-COURTBookmark this Case GULZAR MUHAMMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar F.R. 17 & 54a---Civil service---Disciplinary proceedings, pendency of---Promotion, declining of---Delay in holding departmental proceedings---Effect---Pro forma promotion---Scope---Record revealed that the petitioner (retired civil servant) faced departmental proceedings and ultimately the enquiry officer after conducting a through enquiry into the matter under the provisions of Khyber Pakhtunkhwa Local Councils Servants (Efficiency and Discipline) Rules, 1980 found that the allegations levelled against him were under some misunderstanding and the same had not been proved; it was also recommended that he may be exonerated of the charges---Petitioner was not retired from service by the time enquiry report was submitted---Proceedings were initiated somewhere in the year 2014 and it took five long years to fix the responsibility and bring to book the delinquent person(s)/ officer(s)---Though the High Court would never give a clean chit to any delinquent officer/ official involved in a misconduct of any kind, however, in such a delayed process, many innocent officers/officials are deprived of their valuable rights including promotion---Under Fundamental Rule 54a, if a government servant, who has been suspended pending inquiry into his conduct attains the age of superannuation before the completion of inquiry, the disciplinary proceedings against him shall abate and such government servant shall retire with full pensionary benefits and the period of suspension shall be treated as period spent on duty---Similarly, under Fundamental Rule 17, if a civil servant, who is entitled to be promoted from a particular date, is for no fault of his own, wrongfully prevented from rendering service to the Federation in the higher post, such civil servant shall be granted pro forma promotion and be paid the arrears of pay and allowance of such higher post---Mere pendency of departmental proceedings should not be made hurdle in the matter of promotion---In the present case, after the petitioner had been exonerated by the Inquiry Officer, it took further nine months for the competent authority to disagree with the said report and to initiate a fresh inquiry, which was height of irresponsibility---Petitioner had been deprived of his promotion on the ground of pendency of departmental proceedings and he had never been proved guilty during the course of his service and as such, on his retirement in terms of FR 54a, he stood exonerated; thus, he was entitled to be considered for promotion w.e.f. 27.10.2017---High Court directed that case of the petitioner be placed before the Local Council Board for pro forma promotion in accordance with law positively within a period of two months---Constitutional petition, was allowed accordingly.

GULZAR MUHAMMAD vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar F — 2025 PLC(CS) 755 PESHAWAR-HIGH-COURT

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