–Promotion—Scope—Petitioner-employee had been exonerated from all the inquiries—Cases were being re-opened on some false pretext—Mala fide of department was on record—Petitioner-employee remained suspended for two years—No Annual Confidential Report was required during the period of suspension—Question of promotion rested within the power of competent authority—When authorities competent to award promotion acted in violation of law, in excess of jurisdiction, without jurisdiction and in colourable exercise of powers, Chief Court could exercise writ jurisdiction to redress the wrong… Department had deprived the employee from his legitimate right of promotion in violation of rules and regulations-Some inquiries had been illegally ordered from which petitioner had been exonerated even after issuance of restraining order from. the Chief Court—Executive authorities were bound to follow the orders/judgments of Chief Court in letter and spirit—Orders for holding inquiries in circumstances were struck down—Authorities were directed to promote the employee from the date of holding post with all back benefits and seniority admissible under law Writ petition was allowed in circumstances. [Paras. 8, 9, 10, 12 & 13 of the judgment]
2011 PLC (C.S) 334; 2010 SCMR 501; 1990 SCMR 1524 and 2002 PLC (C.S) 614 ref.
2007 SCMR 682 and 2007 PLC (C.S.) 1315 rel.
Asad Ullah Khan and Raja Shakeel Ahmed for Petitioner.
A.A.G. for Respondents assisted by Jaffar Ali, Legal Advisor for P.W.D.
Muhammad Amin, Special Prosecutor NAB in person.