Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- -- S. 4-Appeal before Tribunal-Limitation-Delay-Condona­tion-Delay due to misleading instructions of Government that matter (adverse remarks) was outside jurisdiction of Tribunal­ Explanation, in circumstances, held, justified and satisfactory for condonation. (b) Civil service- --Terms and conditions of service-Writing of A.C.R.-Contention that writing of A.C.R. not being a term and condition of service was not amenable to jurisdiction of Service Tribunal-Repelled---Service Tribunal, held, has vast jurisdiction in service matters distinct from extraordinary jurisdiction of High Court-Appeal against adverse remarks in A.C.R., held, maintainable-Jurisdiction of Service Tribunal-Service Tribunals Act (JLXX of, 1973), S. 4. Secretary, Government of Punjab v. Ahmad Kamuluddin 1981 S C M R 392 ref. (c) Civil service- --A.C.R.-Writing of-Reporting Officer of same grade as that of officer reported upon-Report, in circumstances, had, not competently written. (d) Civil Servants Act (LXXI of 1973)-- -- S. 25(2)-Instructions in force before promulgation of Act---Deemed to be rules made thereunder subject to consistency-Writing of A.C.R.-Instructions that an officer receiving adverse remarks for two successive years from same Reporting Officer should be placed under another Reporting Officer-Deemed to be rules made under Act-Adverse remarks in contravention of such instructions, held. not valid. (e) Service Tribunals Act (LXX of 1973)-- ---S. 4(1) (a)-Appeal against adverse remarks in A.C.R.-Objection as to maintainability on ground that no departmental repre­sentation made-impugned report recorded incompetently--Plea of bar of jurisdiction of Tribunal, in circumstances, repelled. Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner; Khairpur and another P L D 1970 S C 180 and Secretary of State v. Mask & Co. A I R 1940 P C 105 ref. Appellant in person. S. M. Shahudul Huque; State Counsel for Respondents. Date of hearing : 19th December 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant, an E. N. T. Specialist in the Central Government Poly Clinic, 3siainabad, in June, 1981, received a letter…

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