630/2020 Suit Mohammad Tarique Khan (Plaintiff) V/S Trading Corporation of Pakistan (Pvt) Ltd & others (Defendant)

630/2020 Suit Mohammad Tarique Khan (Plaintiff) V/S Trading Corporation of Pakistan (Pvt) Ltd & others (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 11-MAR-22

1- A promotion cannot be deferred till such time the enquiry and/or disciplinary proceedings are finalized as a person is presumed to be innocent until found guilty1 . Pendency of inquiry and minor penalties could not come in way of promotion; enquiry proceedings pending against plaintiff for an indefinite period smacked of arbitrariness and mala fide and is a hanging sword on head of employees; such treatment could not sustain in eye of law to deprive the plaintiff of promotion2 . Pendency of inquiry was no ground for denying promotion to the employee and no one could be punished by denying promotion before establishing charge3 . Any such rule formed in deviation of settled principle of law would not come in the way of equality rights guaranteed by Constitution. 2--As regards rejection of plaint under order VII rule 11 CPC on the ground of res judicata is concerned, the defendants plead that the subject matter of instant suit has been decided in the earlier suit and/or the subject matter of earlier suit. In this regard firstly the subject matter of instant suit is a subsequent show-cause notice which was not even in existence at the time of filing earlier suit. Therefore neither principle of order 2 rule 2 nor doctrine of order 23 rule 1 CPC would apply.