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2011 PLC (C.S.) 534

MUHAMMAD HANIF vs PROVINCE OF SINDH and others

Citation2011 PLC (C.S.) 534
CourtSindh High Court
Case No.Constitutional Petition No,D-968 of 2009
Date2010-03-09
Judge(s)Ahmed Ali M. Shaikh
ResultOrder accordingly

ORDER

1. AHMAD ALI SHAIKH, J.--- Learned counsel for the petitioner has submitted that mere pendency of an F.I.R., against a civil servant, cannot deprive him from being promoted. Even otherwise, in the case which is relied upon by the learned A.A.-G. Being F.I.R. No,18/2003 of Police Station Anti- Corruption Establishment (ACE) Larkana, the name of the petitioner does not transpire. In such event it can hardly be presumed that there is any F.I.R. Against him, for which he could be denied promotion. He has relied upon the case reported in Muhammad Ayaz Khan v. Government of Sindh and others 2007 PLC (C.S.) 716.

2. In reply, learned A.A.-G. Has submitted that he may be given time to prepare further papers with regard to such F.I.R. However, he has agreed in principle that the matter can be referred to the Departmental Promotion Committee (D.P.C.) to decide the petitioner's case on merits without any regard whatsoever to pendency of the F.I.R.

3. ' We have heard learned counsel for the petitioner as well as learned A.A.-G. In the circumstances of the case, we would dispose of the matter by directing the respondents to consider the case of the petitioner for promotion purely on merits without any regard whatsoever to pendency of any criminal or civil case against him. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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