Pendency of Disciplinary Proceedings

         Pendency of Disciplinary                                     Proceedings

PLJ  2019  Islamabad High Court   184

Constitution of pakistan, 1973-- ----art. 199--constitutional petition--civil servant--pendency of disciplinary proceedings--challenge to--deferment in promotion--direction to--there is nothing on record to indicate that petitioner was deferred due to pending inquiry, however in para-4 of preliminary objections of parawise comments it is mentioned that petitioner was recommended for deferment due to pendency of disciplinary proceedings--it is trite law that mere pendency of disciplinary proceedings is no bar for a person to be considered or recommended for promotion--in light of above position of law and fact, decision to defer petitioner is not tenable--for above reasons, decision by respondents to defer petitioner is set-aside with direction that he shall be considered for promotion afresh in forthcoming meeting of central selection board (csb) notwithstanding pendency of disciplinary proceedings--petition was allowed.