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2701/2022 Const. P. Abdul Shakoor Abro... (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Sindh High CourtConstitutional Law2024

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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2701/2022 Const. P. Abdul Shakoor Abro... (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 16-APR-24

In this context, it may be observed that the writ jurisdiction of this Court is not meant to be exercised to compel the competent authority to promote a Civil Servant against whom prima facie involvement in serious charges of misconduct was available, for the reason that any such direction would be disharmonious to the principle of good governance and canons of service discipline causing undue interference to hamper the smooth functioning of the departmental authorities. This view is fortified by the decision rendered by the Hon???ble Supreme Court of Pakistan in the case of Mst. Ifat Nazir vs. Government of Punjab and others, 2009 SCMR 703. It is a well-settled law that in case of promotion vested / fundamental rights cannot be claimed.

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