Law:

Section:

(a) Punjab Subordinate Judiciary 'Service Tribunal Act (Xli of 2005)-------S. 4---Constitution of Pakistan, Art. 212(3)---Civil Judge First Class---Adverse remarks in Annual Confidential Report (A.C.R.) recorded by Countersigning Officer (Judge of High Court), expunction of---Dismissal of appeal by Service Tribunal---Validity---Supreme Court granted leave to appeal to consider inter cilia whether objective criteria had been followed in recording such remarks by Countersigning Officer. (b) Punjab Subordinate Judiciary Service Tribunal Act (XII of 2005)--- ----S. 4---Constitution of Pakistan, Art. 212(3)---Judicial Officer---Adverse remarks in Annual Confidential Report (A. C.R.) recorded by Countersigning Authority (Judge of High Court) without giving reasons therefor---Dismissal of appeal by Service Tribunal---Validity---Law had not imposed restriction on Countersigning Authority to give reasons for his assessment---Logic behind such omission to give reasons being to enable Countersigning Authority to make a transparent, independent and impartial assessment and give his opinion qua efficiency, performance, integrity and reputation of a Judicial Officer---Impugned remarks could not be brushed aside merely for absence of material in support thereof---Supreme Court dismissed the appeal---Principles. According to the ACR Dossier of appellant and pursuant to key note instructions for its recording, the Countersigning Authority is not bound to give reasoning for his assessment. No such restriction has ever been laid down in any law that Countersigning Authority must give reasoning for his assessment. It is not an inadvertent omission, but on the contrary it is a deliberate omission and the logic behind it is that no restriction should be imposed on the Countersigning Authority enabling him to make a transparent, independent and impartial assessment and give his opinion qua efficiency, performance, integrity and reputation of a Judicial Officer. In the present case, adverse remarks were recorded by a Judge of the High Court, which cannot be set aside merely on the ground that no material whatsoever was available for recording such adverse remarks. The Judge of High…

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