Case Details

Citation(s)
1984 SLG 1075 1984 SLD 1075 1984 PLC 215
Federal Service Tribunal, Islamabad
Appeal No. 99 (R) of 1982, decided on 17th November, 1983.
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS

MUHAHMAD NAQI KHANvsSECRETARY, ESTABLISHMENT DIVISION AND OTHERS

Law:

Section:

(a) Civil service-- --- Adverse remarks in A.C.R.-Non-communication within 30 days­ Smacks of mala fide and dishonest intent on part of countersigning authority-Official representing against adverse remarks -Some officer recording adverse remarks for next year--Service Tribunal taking note thereof and observing that subsequent report was based upon bad faith and seemed to be a carry-over of previous year's rancour against the official and particularly non-communication of such remarks becomes a case of dishonest intent. (b) Service Tribunals Act (LXX of 1973)-- -- S. 4-Scope-Tribunal can entertain appeal against adverse re­marks in A.C.R.-Observations of Tribunal-A.C.R. being most important document of an official's career is a sacred trust with com­petent authorities-Cannot be allowed to degenerate into a weapon of coercion and denial of rights -Non-communication of adverse remarks within 30 days of countersignatures must be dealt with as misconduct both against initiating as well as countersigning officers ­Tribunal making number of observations on system of maintaining A.C.Rs. and decisions on representations against adverse remarks and for improvement of Booklet "Performance Evaluation" of O & M Division of 1981. 1981 S C M R 392 rel Service Tribunals Act (LXX of 1973)-- -- S. 4-Appeal against delayed promotion-Tribunal examining service record of appellant and coming to conclusion that impugned action based upon certain adverse remarks in A.C.Rs. never commu­nicated-Record of appellant comparing favourably otherwise with those found fit for promotion-Appellant, in circumstances, held, condemned unheard with reference to such remarks and thus suffered grossly at time of selection by Selection Board-Appeal accepted and appellant's claim for seniority from date his other colleagues promoted granted without conferment of financial benefits-Such remarks, further held, not to be taken into consideration for further promo­tions. Mrs. Mussarrat Burkie v. Secretary, Ministry of Information and others 1983 P L C (C.S.) 129 and Ramzan Muhammad Chaudhry v. C.B.R. and others 1983 P L C (C. S.) 835 rel Salim Khan, Barrister-at-Law for Appellant Syed M. Shahudul Huque…
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