ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3293 of 2010.

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ORDER WITH SIGNATURE OF JUDGE

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1. For Katcha Peshi.

2. For hearing of Misc. No.533/2014.

3. For hearing of Misc. No.13150/2014.

10.02.2014.

Mr. Malik Naeem Iqbal, Advocate for the petitioner.

Mr. Javed Farooqui, Advocate for F.B.R.

Mr. Ainuddin Khan, D.A.G.

Zulfiqar Malik, Director PCA.

S.N.U. Ahmed, F.B.R. (Legal) Karachi.

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Mr. Javed Farooqui in compliance of the order dated 04.02.2014 placed copy of letter dated 07^th September, 2013 duly signed by Nisar Muhammad, Chairman of Enquiry Committee in which the Chairman has observed in para-8 that Board may re-examine the whole issue to decide whether another Fact Finding is required as proceedings in the light of existing Fact Finding would tantamount to violation of High Court’s order passed in C.P. No.D-474 of 2012. Mr. Javed Farooqui further submits that copy of SMC Certificate produced by petitioner on the last date and copy supplied to him is a genuine certificate and the petitioner has already completed the Senior Management Course.

So far as the non-availability of Grade-20 posts in Pakistan Customs is concerned, the counsel for the petitioner present with the petitioner submits that the Prime Minister has approved 19 posts in BS-20 for promotion in Pakistan Customs and the Central Selection Board will consider the promotion of 19 Custom Officers for Grade-20, tomorrow. Despite clear directions, given by us in the order dated 4.2.2014, nothing has been placed on record by Mr. Javed Farooqui whether any inquiry has been initiated under the R.S.O. against the petitioner and if so what is the stage of the proceedings. He has also failed to controvert the clear statement regarding 19 posts approved for promotion in BS-20. However, he submits that at present new Fact Finding Committee has not been constituted. Now before us it is clear that the earlier Facts Finding Committee was gone with the order of C.P. No.D-474/2012 passed by this court and presently no Facts Finding Committee has been constituted and even under the R.S.O. no proceedings have been completed.

Learned counsel for the petitioner referred to the Judgment reported in 2012 PLC (CS) 1018 in which learned division bench of this court in similar circumstances held that pendency of inquiry or reference before the NAB, would not debar a civil servant for being considered for promotion and department was directed to consider the case of the petitioner for promotion in accordance with law.

By consent the petition was heard at Katcha Peshi stage. After hearing the learned counsel appearing for parties, the petition is disposed of with the directions to the respondent No.1 to place the case of petitioner before the Central Selection Board for considering his case of promotion from BS-19 to BS-20 in accordance with law, if posts for promotion are available for Pakistan Customs. The listed applications are also disposed of. Since the meeting of CSB is to be convened tomorrow at 8.30 a.m., hence keeping in view the urgency copy of this order may be transmitted by the Registrar of this Court to the Chairman F.B.R. and Chairman Central Selection Board through Fax for compliance. At the same time Mr. Javed Farooqui will also communicate this order to the aforesaid persons.

JUDGE

Arif