Case Details

Citation(s)
1985 SLG 1468 1985 SLD 1468 1985 PLC 6
Federal Service Tribunal, Islamabad
Appeal No. 126(L) of 1981, decided on 26th May, 1984.
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS

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ABDUL GHAFFAR HASHMI

VS

SECRETARY, ESTABLISHMENT DIVISION, RAWALPINDI and 3 others

Law:

Section:

(a) Civil service-- ---Efficiency Bar--Crossing of--ACR for the year in which bar due to be crossed--To be taken into consideration. (b) Civil service-- ---Efficiency Bar--Crossing of--Decision not to allow crossing of bar-­Information thereof--Whether should be given to civil servant concerned before 1st of December of year in which bar falls due--Plea, held, carries weight--Service Tribunal recommending that an early ACR up to 31st August of particular year in which bar falls due should be called for so that decision to allow or disallow crossing of bar could be finalised by 1st December allowing three months (September to November) for representations against adverse remarks, if any-/Contention that crossing of bar presumed to have been allowed if information for disallowing crossing of bar not given before 1st December--Rejected. (c) Civil service-- --- Efficiency bar--Crossing of--Directly related to performance of civil servant concerned--No better measure of judging and evaluating performance except from A. C. Rs. --Evaluation of 5 years reports indicating one report adverse and another average with adverse remarks--Such performance, held, cannot be considered worthy of permission to cross bar even if the three reports were average, good and satisfactory--Contention that where crossing of bar is disallowed a show-cause notice be served under Government Servants (Efficiency and Discipline) Rules, 1973--Rejected--Held: It would be sheer waste of time and energy when record (A.C-Rs.) are there to speak for themselves. Maqsood Ahmed for Appellant. Hafiz Tariq Naseem for the State. Date of hearing: 24th May, 1984. JUDGMENT ABDUR RASHID (MEMBER).-- The appellant, who was at the relevant time an Assistant Accounts Officer (since retired), was aggrieved as he was not allowed to cross efficiency bar at Rs 1,000 in the scale of Rs.500-50-1,000/50-1,250 with effect from 1-12-1974. The information to this effect was conveyed to him vide Accountant-General's letter dated 31-3-1977. Aggrieved by the order of the Accountant-General, the appellant preferred a departmental appeal to the Auditor-General on 5-7-1981 which was rejected vide letter dated 26-9-1981.…
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