Law:

Section:

RAJA AFRASIAB KHAN, J.---This petition has been instituted by Muhammad Mukhtar Sheikh, Director Public instructions (Schools), Rtd., the petitioner herein against Aziz Ahmad Hashmi and others to call in question the validity of judgment dated 28th of May, 1995 having been rendered by Punjab Service Tribunal. At the very outset, learned counsel states that the petitioner has retired from service. He has come only to challenge the adverse remarks having been passed against him in the impugned judgment. He has drawn the attention of the Court to pages 31, 35 and 36 of the paper book wherein strong language had been used against him. The Tribunal stated that the petitioner had been proceeding in the case with mala fide. It continued to observe that the objections of the petitioner were fishy and obstreperous. It was also said that a bogey of frivolous objections was raised by the petitioner. Learned counsel for respondents has stated that he does not oppose if the adverse remarks against the petitioner are deleted from the judgment. Learned counsel for the respondent/ department has, nevertheless, opposed the petition and insists that the remarks should remain in the judgment.   After hearing the learned counsel for the parties and perusing the record, we are of the view that no opportunity was given to the petitioner before passing the aforesaid remarks. The case of learned counsel is that during the hearing, no such remarks were given nor it appeared that the learned Judge was inclined to pass the impugned 'remarks in the judgment. This argument of the learned counsel was not contested by the learned counsel for contested respondents.…