Law:

Section:

Civil service----- -- Efficiency bar, crossing of-Annual confidential report recorded after date on which efficiency bar falling - Refusal to cross efficiency bar on basis of such report, held, not justified-Reports for period prior to such date not containing any adverse remarks- Appeal against refusal to cross efficiency bar, in circumstances, accepted by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Ch. Muhammad Ishaque has trade this appeal under section 4 of the Punjab Service Tribunal Act wherein he has impleaded Board of Revenue, Punjab Lahore as respondent. 2. The appellant has prayed that the impugned order dated 15th September, 1981 be set aside and a direction be issued to allow him to cross the efficiency bar from 21st August, 1970. 3. Brief facts of the case are that the appellant was due to cross efficiency bar w.e.f. 21st August, 1970 raising his pay from Rs. 525 to Rs. 565 per month in the scale of Rs. 350-35-5251'40-685. The powers to allow cross of efficiency bar were withdrawn from the Commissioners of Divisions. The Commissioner, Sargodha Division, therefore, referred the case to the Board of Revenue. At that time because of some departmental proceedings pending against the appellant, he was placed under suspension vide Board of Revenue order, dated 25th July, 1975. The appellant had also earned a bad report for the year 1970 i.e. immediately after the efficiency bar fell due. A representation filed by the appellant for expunction of the adverse remarks is said to have beets rejected. No decision regarding crossing of efficiency bar could be taken till 27th April, 1981 when the Member (Revenue), Board of Revenue, Punjab, Lahore refused to allow the official to cross the efficiency bar. The appellant made an appeal before the full Board of Revenue. His appeal was heard by Mr. .M. Aslam Awais, Syed Asad Ali Shah and Mr. A. K. Khalid, Members Board of Revenue, Punjab, Lahore and ordered, vide their order dated 15th September, 1981 that crossing of efficiency bar be withheld for a period of two years and the appellant was allowed to cross it w.e.f. 21st August, 1972. Hence this appeal.…

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