Case Details

Citation(s)
2003 SLG 3415 2003 SLD 3415 2003 PLD 86
Supreme Court of Pakistan
Civil Appeal No. 661 of 1997, decided on 18th October, 2002.
QAZI MUHAMMAD FAROOQ AND SYED DEEDAR HUSSAIN SHAH, JJ
Sardar Shaukat Hayat, Addl. A.G., N.W.F.P. for Appellants. M. Zahobr Qureshi, Advocate-on-Record for
Respondent.

PRINCIPAL, GOVERNMENT GIRLS COLLEGE, THANA MALAKAND AGENCY (NOW AT SAIDU SHARIF SWAT) and 3 others

VS

Mrs. BILQUIS BEGUM

Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)--- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider the contention of the Authorities that in spite of proper counselling and advice, the civil servant failed to improve her adverse behaviour, therefore, adverse entries were made in the Annual Confidential Report of the civil servant and in absence of any mala fides attributed to the Reporting Officer or to the Countersigning Officer, the Tribunal's order that the entries in the Annual Confidential Report be expunged was in excess of jurisdiction. (b) North-West Frontier Province Service Tribunals Act (I of 1974)--- ----S. 4---Adverse remarks in Annual Confidential Report, expunction of--­Civil servant being aggrieved of the adverse remarks, filed appeal before Service Tribunal for expunction of the same---Overall performance of the civil servant had been appreciable as she had performed her duties to the best of her ability which was reflected from her attendance in the relevant register of the college as well as the result of the students who passed the relevant subjects---Performance of the civil servant was supported by documentary evidence on the record of Service Tribunal---Annual Confidential Reports Were recorded against the civil servant for the year, 1994, whereas subsequently she was promoted---Service Tribunal after going through the available record allowed the appeal of the civil servant and adverse entries in the record were expunged---Validity---Judgment passed by the Service Tribunal was based on the principles of fair-play, equity and justice which was not open to exception---Supreme Court declined to interfere with the passed by the Service Tribunal---Appeal was dismissed. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---This appeal by leave of the Court is directed against judgment dated 10-3-1996, passed by the N.-W.F.P. Service Tribunal, Peshawar (hereinafter referred to as the Tribunal) in Appeal No.526 of 1995. 2. Briefly stated the facts of the case are that respondent Mst. Bilquis Begum during the year 1993-94 was working as an Assistant Professor of physics,…
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