ABDUL QADEER CHAUDHRY, J.---The petitioner was serving in P.IA. When he was transferred to Abu Dhabi in 1982. During his posting abroad, some juniors to him were promoted. The petitioner on return from abroad joined his duty on 22-10-85. The petitioner was awarded the penalty of censure on 4-2-80. He made a departmental appeal against the said penalty but without any success. The petitioner challenged the action of the respondent in excluding him from consideration for promotion to higher grade on account of punishment of censure. The reply sent to the petitioner reads as hereunder:- "Your case for reinvestigation of suppersession has been processed for Management's consideration. We shall revert to you as and when a decision to this effect is arrived at."
Thereafter the petitioner was informed that his request had been turned down. The petitioner feeling aggrieved filed an appeal before the Service Tribunal and made a prayer that the penalty of censure may be set aside and the petitioner may be ordered to be promoted with effect from August, 1982 with back benefits. Subsequently, he amended the prayer that the respondent may be directed to consider the petitioner for promotion with effect from August, 1982. The learned Service Tribunal disposed of his appeal alongwith other appeals and a common judgment was delivered.
It was observed that no appeal lies to the Service Tribunal for imposing minor penalty. The appeal was, therefore, dismissed only on technical ground.
2. The learned counsel has submitted that the prayer of the petitioner was that he may be considered for promotion with effect from August, 1982 when he was serving abroad and there were no adverse remarks against him. His promotion was due on that date.
3. The Service Tribunal has not adverted to this aspect of the case and this point requires examination. Leave is granted.
4. The appeal to be made ready on the present record with liberty to the parties to file additional documents if they so desire.