| Citation(s) |
|---|
| 1983 SLG 1510 1983 SLD 1510 1983 PLC 400 |
Federal Service Tribunal, Islamabad
Appeal No. 5 (R) of 1981, decided on 22nd November, 1982.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND BRIG. (RETD.) ABDUR RASHID, MEMBER
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Appeal No. 5 (R) of 1981, decided on 22nd November, 1982.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND BRIG. (RETD.) ABDUR RASHID, MEMBER
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FARZAND ALI KHAN
VS
SECRETARY, DEFENCE PRODUCTION DIVISION AND ANOTHER
Law:
Section:
(a) Civil service- --Adverse remarks in annual confidential report-Expunction of--Within jurisdiction of Service Tribunal-Service Tribunals Act (LXX of 1973), S. 4. Muhammad Aboo Abdullah v. The Province of East Pakistan P L D 1960 S C 164 distinguished. Secretary, Government of Punjab v. Ahmad Kamaluddin 1981 S C M R 392 ref. '(b) Civil service---- --Interpretation of rule-Rule otherwise valid-To be interpreted in such a way that it does not become unreasonable or unworkable or out of context-Rule validly made under legislative enactment-Cannot be struck down for being harsh-Daily order of Board of Pakistan Ordnance Factories requiring A.C.R. of Works Managers and below serving in groups other than their permanent seniority Group after completion by Superintendent of Group in which serving to be shown to Superintendent of Permanent Seniority Group-Valid rule-Superintendent of Permanent Seniority Group however, not competent to comment upon the official for the year in which he worked in other Group and has only to see how the , official has worked outside his Group - Superintendent of other Group also not empowered to comment upon matters pertaining to officials Group of seniority-Pakistan Ordnance Factories Board Ordinance (XVII of 1961), S. 7 (g) and Daily Order Part-I No.'689, Note (3) M. S. Siddiqi forr Appellant. Syed M. Shahudul Haque assisted by Attaullah Qazi for the State. Date of hearing : 21st November, 1982. JUDGMENT MR. JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-This is an appeal by Farzand Ali Khan, Works Manager, Export Cell, Pakis an Ordnance Factories Board, Wah, for the expunction of certain remarks made in his Annual Confidential Report for the year 1978. The appellant originally belonged to the Metallurgical Group of the P. O. F., but in 1978, throughout he was holding a staff appointment. The report was initiated by the Superintendent, Planning and Budget, under whom the appellant was directly working during the year. In this report, there is nothing. against the appellant. The next superior officer, who happened to be Chief Superintendent (Co-ordination), observed in column 30 that "the appellant may be tried in higher grade in R & D…
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