Case Details

Citation(s)
1986 SLG 543 1986 SLD 543 1986 SCMR 608
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 9-R of 1985, decision dated: 6-12-1985. (Against the Judgment, dated 21-11-1984 of the Punjab Service Tribunal, Lahore, in Case No. 504/446 of 1983).
MUHAMMAD HALEEM, C.J., NASIM HASSAN SHAH AND SHAFIUR RAHMAN, JJ

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SULTAN MAHMOOD MIR-

VS

PROVINCE OF PUNJAB through Secretary, Communications and Works Department, Lahore

Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Leave to appeal, grant of--Finding of fact recorded by Tribunal borne out from record--No question of law of public importance being involved, leave to appeal refused. M. S. Siddiqi, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 16th December; 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner, a civil servant, seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Punjab Service Tribunal, dated 21st of November, 1984 whereby his appeal against the adverse remarks recorded in the Annual Confidential Report for the period 9-5-1982 to 26-10-1982 was dismissed. The petitioner was serving as an Assistant Engineer in the Building Research Station, Lahore; when adverse remarks recorded in his Annual Confidential Report for the period indicated were communicated to him. He represented against it and sought its expunction. He failed. He thereupon, appealed to the Punjab Service Tribunal. His case was that on the very allegations which formed the basis of this report against him proceedings under the Efficiency and Discipline Rules had also been initiated and resulted in the minor punishment which was imposed on him. However, on appeal he was exonerated. The adverse remarks could not, therefore, be allowed to remain on his service record. The Tribunal looked into the matter and recorded the following finding of fact:- "To adjudicate the issue in right earnest and fair-play, this Tribunal has been persuing the comments of the Reporting Officer…
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