| Citation(s) |
|---|
| 2007 SLG 3437 2007 SLD 3437 2007 PLJ 1018 |
Supreme Court of Pakistan
C.A. Nos. 183 2& 1833 of 2003, decided on 26.4.2007.
JAVED IQBAL & MIAN SHAKIRULLAH, JAN, JJ
Ms. Afshan Ghazanfar, AAG with Mr. Nazar Hussain, Dy. Registrar for Appellant. Mr. Pervaiz Inayat Malik, ASC for
Respondent No. 1. M. Yousaf (S.O.) Legal for
Respondent No. 2
C.A. Nos. 183 2& 1833 of 2003, decided on 26.4.2007.
JAVED IQBAL & MIAN SHAKIRULLAH, JAN, JJ
Ms. Afshan Ghazanfar, AAG with Mr. Nazar Hussain, Dy. Registrar for Appellant. Mr. Pervaiz Inayat Malik, ASC for
Respondent No. 1. M. Yousaf (S.O.) Legal for
Respondent No. 2
REGISTRAR, LAHORE HIGH COURT, LAHORE--Appellant
VS
MUHAMMAD AFZAL KHAN, CIVIL JUDGE, SAHIWAL and another--Respondents
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 212(3)--Civil servant--Adverse ACRs--Member of District Judiciary--Adverse remark--Challange to--Member of the District Judiciary was awarded three adverse ACRs by the reporting officer, who in the case of first two ACRs was District & Session Judge/Judge Accountability Court--Incumbent felt aggrieved of the adverse ACRs approached the Punjab Sub-ordinate Judiciary Service Tribunal, for the expunction through three different service appeals--Validity--Reasons advanced for the adverse ACRs given by other reporting officer seen to have weight as prior to the ACR in-question for a period of the half of the year, good ACR had been given by the same reporting officer--Respondent having a long tenure of service about 23 years, had not been given any adverse remarks except the one in-question--No justification to differ with impugned --Appeals dismissed. Judgment Mian Shakirullah Jan, J.--The respondent, a member of the District Judiciary was awarded three adverse ACRs for the period (i) 01.01.1998 to 31.12.1998 (ii) 01,01.1999 to 30.06.1999 and (iii) 01.01.2000 to 5.7.2000 by the reporting officer who in the case of first two ACRs was District & Sessions Judge, Jhang while in the case of third ACR, he was Sessions Judge/Judge Accountability Court, Bahawalpur. The said ACRs bearing out endorsement by the countersigning officer, not totally agreeing with the reporting officer. The incumbent felt aggrieved of the aforesaid adverse ACRs approached the Punjab Subordinate Judiciary Service Tribunal, Lahore for the expunction of the same through three different Service Appeals Bearing No. 83 to 85 of 2001. All the three appeals were allowed, through, a common judgment, by the Tribunal after finding that he did not deserve at all the adverse remarks. The appellant, Registrar, Lahore High Court, Lahore has filed three separate Civil Petitions No. 1483-L to 1485-L of 2003. All the three petitions were fixed before this Court for hearing on 08.12.2003 and out of three, one relating to the ACR for the period pertaining to the year 01.01.1998 to 31.12.1998 was dismissed while in two petitions i.e. 1484-L and 1485-L of 2003, leave…
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