Case Details

Citation(s)
1985 SLG 1709 1985 SLD 1709 1985 PLC 254
Service Tribunal, Punjab
Case No. 371/1879 of 1982, decided on 12th June, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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RIASAT ALI VIRK

VS

DIRECTOR, EXCISE AND TAXATION, LAHORE DIVISION, LAHORE and another

Law:

Section:

Civil service- --- Adverse remarks in A.C.R. sought to be expunged--Remarks based on complaint against appellant which was enquired into and filed for want of sufficient proof--Held: Conduct of appellant cannot be said to have been above board in circumstances. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-- Riasat Ali Virk has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director, Excise and Taxation, Lahore Division, Lahore and the Director-General, Excise and Taxation, Punjab, Lahore as respondents. 2. By virtue of this appeal the appellant has prayed that the adverse remarks so contained in letter, dated 14-5-1981 and the final Order, dated 30-1-1982/27-3-1982 be expunged. 3. Brief facts of the case are that the appellant was conveyed adverse remarks in his A. C. R. for the period 1-1-1980 to 23-6-1980 vide letter, darted 14-5-1981 from the Director, Excise and Taxation, Lahore Division, Lahore to the Excise and Taxation Officer, Gujranwala as follows:- "9. Does not enjoy good reputation. 12. Conduct needs improvement for confirmation." The appellant submitted representation (Annexure 'B') to the respondent No.2 which was rejected vide his letter, dated 30-1-1982 (Annexure C') conveyed to the appellant on 27-3-1982. Hence this appeal. 4. We have heard the parties. It has been argued by the learned counsel for the appellant that these adverse remarks were as a result of complaint made by Mr. Abdul Aziz son of Lal Din when the appellant was working at Sialkot. It was pointed out by the learned counsel for the appellant that an enquiry in this case was conducted by Ch. Nazir Ahmad Dhillon, Assistant Excise and Taxation Officer and the complaint was filed for want of sufficient proof. As the complaint could not be proved against the appellant, hence there was no reason for making these adverse remarks in the A.C.R. of the appellant on the basis of complaint which could not be ultimately substantiated and proved. It was submitted by the learned counsel for the appellant that the entry of the adverse remarks in the A.C.R. of the…
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