- Section 4(1)(B) and Rule 4(D) proviso second — An order of the departmental authority determining the fitness or otherwise of a civil servant to be promoted to a higher grade is always within the jurisdiction and domain of that authority. A Tribunal or a Court cannot substitute its own view in place of the view of the departmental authority. As the question of promotion of respondent No.4 was determined by the Selection Committee and he was fit to be promoted, whereas the appellant was found unfit to be promoted to a higher grade — Therefore the appeal of the appellant before the Service Tribunal was incompetent and was rightly rejected by the Tribunal in view of the embargo contained in Section 4(1) clause (B) of Service Tribunals Act and second proviso of clause (D) of Rule 4 of AJK Civil Servants (Appeals) Rules, 1991. Sarwar Hussain Shah v. Azad Government and 3 others 1996 SCR 185 (A)
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