Law:

Section:

Civil service-- -- Adverse remarks-Not supported by facts on record-Expugned by Service Tribunal-Punjab. Service Tribunals Act (IX of 1974), Riaz Anwar for Appellant. A. G. Humayun, District Attorney for Respondent. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-S. M. Shujah, E.A.C./Magis­trate First Class has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Government of the Punjab through Chief Secretary, Civil Secretariat, Lahore as res­pondent. By virtue of this appeal be has prayed that the adverse remarks communicated to him by the respondent vide demi-official letter, dated 17th July, 1982 be expugned from his Character Roll. 2. Brief facts of the case are that the appellant was working as Magistrate First Class/Special Traffic Magistrate during the period from 20th August, 1981 to 24th December, 1981. His work and conduct was commented upon in Annual Confidential Report pertaining to the said period in which the Commissioner, Multan Division, Multan remarked that the appellant was a thoroughly irresponsible officer, that he had no control over his staff, although the Deputy Commissioner had given an average report to the appellant. Thus remarks were communicated to the appellant vide letter dated 17th July, 1982. The appellant submitted a representation for the expunction of adverse remarks which was rejected by the respondent vide letter, dated 28th November, 1982. Hence this appeal. 3. We have heard the learned counsel for the appellant as well as the learned District Attorney on behalf of the respondent. It has been argued on behalf of the appellant that during the aforesaid period of 4 1/2 months, the appellant worked as Traffic Magistrate and only Naib-­Quasid and a Reader was subordinate to him being his staff members. He has further submitted that during the said period the appellant was not assigned any Police Station and as such did not handle criminal work. Learned counsel has also submitted that during the past 9 years service no adverse remarks had been given to him. Thus the remarks of the Com­missioner that he has no control over his staff are not vague but are incorrect because these are…

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