Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Instruction No.2, Letter No.S(R)-3542-S&GAD 4-8/65-SO-XIII dated 12-02-1968---Annual Confidential Report, initiation of---Procedure---Limitation---Adverse remarks---Delay in recording of remarks in ACR---Effect---Malice---Scope---Integrity and reputation of Reporting Officer---Scope---Annual Confidential Report for a calendar year should be initiated in the first week of January by the initiating authority and forwarded to the higher authority in the same week who was supposed to give his remarks within one week---Delay in recording adverse remarks, its endorsement as well as communication by itself would be of no legal consequences---Malice could be attributed easily but it was difficult to prove the same---Appellant had failed to prove malice---If Reporting Officer had malice against the appellant, he should not have rated him in the mode and manner as he did---Reporting Officer had acted with fairness while recording remarks in the ACR of appellant---No bias or malice had been attributed to the countersigning authority---Countersigning authority being Inspection Judge got different sources to verify the opinion of Reporting Officer---Appellant was living beyond his known means---Remarks recorded were unambiguous, unbiased and the same appeared to be result of personal observation of Reporting Officer and countersigning officer---Nothing was on record to suggest even remotely that integrity and reputation of Reporting Officer was not above-board---Impugned remarks were based on facts---Appeal was dismissed, in circumstances. Ch. Shabbir Hussain and others v. Registrar, Lahore High Court, Lahore and others PLD 2004 SC 191; Lahore High Court, Lahore through its Registrar v. K.M. Sohel 2001 PLC (C.S) 1253; The Federation of Pakistan through the Secretary, Establishment Division, Government of Pakistan Rawalpindi v. Saeed Ahmad Khan and others PLD 1974 SC 151; Khawaja Ahmad Hassaan v. Government of Punjab and others 2005 SCMR 186; Qari Ahmed Jan v. Government of Balochistan through S&GAD Quetta and 3 others 2003 PLC (C.S.) 1078; Saad Salam Ansari v. Chief Justice, High Court…

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