Law:

Section:

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Adverse remarks---Expunction of---Mala fide of reporting officer---Non-availability of any tangible material for passing adverse remarks---Effect---Appellant worked under nine reporting officers before the passing of adverse remarks, but he never earned any such remarks, which fact was also admitted by the authorities---Contention of the appellant was that the adverse remarks were passed against him owing to bias and mala fide of the reporting officer by holding the appellant responsible for the strike observed by the Bar Association against the said reporting officer---Validity---Reporting officer had recorded adverse remarks against the appellant to take revenge of his defamation caused by the Members of Bar Association---Nothing was on record that the appellant was ever called for or anything written was sent to him for counseling---No material was available before the reporting officer at the time of passing adverse remarks---Reply given by the department was submitted under the signatures of the same reporting officer, who did not bother to answer the allegation levelled against him by the appellant and his evasive reply was amounted to admission---Tribunal expunged the adverse remarks and accepted the appeal accordingly. JUDGMENT MUHAMMAD AMEER BHATTI, J/Member.--- This appeal under section 5 of the Punjab Subordinate Judiciary Service Tribunal, Act, 1991 is directed against the adverse remarks Recorded by Reporting Officer Mr. Sohail Nasir, the then District and Sessions Judge, Gujranwala in the ACR of the appellant for the period from 11-5-2009 to 14-9-2009 which were conveyed to him vide letter No.252/RHC/4.C-II dated 27-3-2010. The representation filed by the appellant for expunging of the aforesaid remarks was also rejected vide letter No.506/RHC/4.C-II dated 26-5-2010. Hence this appeal. 2. The contentions of the appellant are that the Reporting Officer had malafidely recorded impugned remarks against the appellant for this short period whereas throughout his career of eight years he never earned any adverse remarks despite the fact that he had the opportunity to work…

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