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Civil service--O. & M. Manual, Vol. 1, Chap. III, para. 34, p. 362 - Punjab Government Circular Letter No. SOR. IV (S & GAD) 14-2/72 dated 1-1-1981-Promotion - Adverse remarks recorded in annual confidential reports - Effect - Expunction - Adverse remarks if communicated out of time, shall not be ignored in cases of promotion-Adverse remarks, in case of promotion would be ignored only if they were not communicated whether in time or out of time. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment dated 24-10-1981 of the Punjab Service Tribunal ; whereby the petitioner's service appeal seeking expungement of adverse remarks made in his A. C.(Rs. on the ground that they were communicated after the period prescribed in the Instructions issued by the Provincial Government in that behalf, was dismissed. The Tribunal on the examination of the case-law relied upon and para. 34 Chapter III at page 362 of O & M Manual, Volume 1, issued by the Provincial Government : as also on consideration of another instruction issued by the Provincial Government on 9-6-1973, came to the conclusion that the time limit prescribed for the communication of adverse remarks was only directory and not mandatory. It accordingly declined to expunge the remarks. Learned counsel for the petitioner has, relying on the latest instruction issued vide Circular letter of the Government of Punjab No. SOR. IV (S & GAD) 14-2/72, dated 1st January, 1981, contended that the remarks which were communicated to the petitioner after the prescribed time should have been expunged. The Circular letter reads as follows :- "Subject : Communication/Expunction of Adverse Remarks Recorded in the Annual Confidential Reports I am directed to refer to this Department Circular Letter No. SOR-III (S & GAD) 14-2/72, dated 9th June, 1973 and to say that the instructions have been reviewed and it has been decided that if adverse remarks are not communicated, or if communicated there is no record of their having been communicated and acknowledged by the concerned officer, such adverse remarks should be ignored for purposes of promotion and pre-mature retirement. However, I am to…

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