4201/2020 Const. P. Shamsuddin Dal (Petitioner) V/S Province of Sindh and Others (Respondent)

4201/2020 Const. P. Shamsuddin Dal (Petitioner) V/S Province of Sindh and Others (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 03-DEC-20

The pivotal question involved in the present proceedings is whether a Civil / Government Servant who is found guilty of misconduct under The Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, and a minor penalty was imposed upon him could be considered for promotion? ---In our view, the promotion to a post depends upon several circumstances. To qualify for the promotion, the least that is expected of an employee is to have an unblemished record. An employee found guilty of misconduct cannot be placed at par with the other employees, and his case has to be treated differently. While considering an employee for promotion his entire service record has to be taken into consideration and if a promotion committee takes the penalties imposed upon the employee into consideration and denies him the promotion, such denial cannot be termed as arbitrary, discriminatory, illegal or unjustified. In our view, the evaluation made by an Expert Committee should not be easily interfered with by this Court which does not have the necessary expertise to undertake the exercise that is necessary for such purpose. It is a settled proposition that the DPC, within its power to make its assessment, has to assess every proposal for promotion, on case to case basis. In cases where disciplinary case / criminal prosecution against the Civil / Government servant is not concluded even after the expiry of two years from the date of the meeting of the first DPC which kept its findings in respect of the Government servant the appointing authority may consider the desirability of giving him an ad-hoc promotion--Dismissed.