Case Details

Citation(s)
1980 SLG 3112 = 1980 SLD 3112 = 1980 PLC 262
Service Tribunal Punjab
Appeal No. 38(R) of 1977, decided on 29th August, 1978.
Presented By: Shah Abdur Rashid, Chairman and N. A. Choudhury, Member
Muhammad Aboo Abdullah v. The Province of East Pakistan etc. P L D 1960 S C 164 distinguished. Bashir Ahmad Ansari for Appellant. Syed Muhammad Shahudul Huque for
Respondents.

MUSHTAQ AHMAD

VERSUS

GOVERNMENT OF PAKISTAN AND ANOTHER

Law: Civil Service Rules,

Section:

  Civil service  Annual Confidential Report  Recording of  Function of officers concerned with work of officer commented uponReport initiated by proper authorityCountersigned by officer not allowed to do so according to standing instructions of DepartmentSuch countersigning remarks, held, to be taken out of consideration and Report be got countersigned by authority prescribed for such purposeTribunal, held, could assume jurisdiction and interfere in such unauthorised ReportingService Tribunals Act (LXX of 1973), S. 4. Date of hearing : 28th August, 1978.   ORDER SHAH ABDUR RASHID (CHAIRMAN).The appellant Mr. Mushtaq Ahmad was posted as Deputy Assistant Military Estate Officer in Grade 16 in the Office of the Military Estate Officer (DAMEO), Karachi, under the Director, Military Lands and Cantonments, G. H. Q., Rawalpindi. For the period 1st January, 1976 to 31st July, 1976 when he was charged with the work of hiring, requisitioning and acquisitioning of property, he was directly under Mr. WarisurRehman Warsi, Military Estate Officer (MEO), Karachi. For the said period namely from 1st January, 1976 to 31st July, 1976 the Annual Confidential Report of the appellant was duly initiated by the said MEO who on the whole graded him as an average officer and remarked that he was fit for promotion. 1n the penpicture he observed that during the period under report the performance of the Officer was on the whole satisfactory. 2. The report recorded by the MEO was placed before Malik Muhammad Saddiqi, Deputy Director, Military Lands and Cantonments (DDMLC), Karachi Region, Karachi Cantonment. This officer placed him in the category of "not yet fit for promotion but likely to become in due course". In the remarks the said officer made the following observation : "In the course of stay of the officer reported upon, in Karachi, I have been receiving number of complaints for his delaying the payment of rents of the hired properties." The appellant's grievance is that although Mr. WarisurRehman Warsi (MEO) being immediate superior was his reporting officer and he had correctly initiated his Annual Confidential Report, Malik M.…
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