Law:

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Punjab Civil Servants Act (VIII of 1974)­----- -------S. 21-Representation to next higher authority-Cannot be decided by authority whose order is represented against-Representation for expunction- of adverse remarks recorded by Divisional Forests Officer and Chief Conservator of Forests addressed to Minister incharge of Department through proper channel-Held, could not be decided by Chief Conservator of Forests-Matter remanded by Service Tribunal for decision of representation by Administrative Secretary of Forest Department. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).----In this case the appellant is aggrieved by the following adverse remarks, for the period from 29-2-1973 to 13-7-1973 and from 26-7-1973 to 31-12-1973, recorded by the Divisional Forest officer concerned and the Conservator of Forests, Multan Region:- From 29-2-1973 to 13-7-1973 D. F.-O. (iv) Amenability to discipline . ... Below Average. General Remarks. , Does not use his wits , in construction work. C. O. F. General remarks by higher officers. An unwilling worker Unfit for promotion. From 26-7-1973 to 31-12-1973 General remarks by higher officers. Integrity doubtful. He spent more time in sub­ mitting representations than to attend to his work. He was found absent from office a number of times while C. F. was out on tour." These remarks appeared to have been conveyed to the appellant vide letter No. 673/F, dated the 27th of July, 1974 by the Conservator of Forests, Multan Circle, Multan, and were actually received by the appellant on 29-2-1974. The appellant filed a representation on 6th of August, 1974, against the same to the Minister for Agriculture, Punjab, Lahore, through proper channel. It further appeared that the representation was withheld and ultimately the appellant filed this appeal before this Tribunal on the 8th of November, 1974, against the same. During the pendency of the appeal, the appellant was intimated on 2-1.1-1976, that the representation for the expunction of adverse remarks for the year 1973 have been considered and rejected by the Chief Conservator of Forests Punjab, Lahore. The aforesaid order had a reference to an earlier order passed by the department rejecting his…

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