Law:

Section:

(a) Civil service-- ---Principles of natural justice--Audi alteram partem (no body should be condemned unheard)--Nemo judem in causa sup potent (no body should be judge of his own cause)--Mala fides (in bad faith)-Service matters are to be decided not only in accordance with law and rules but also in accordance with principles of natural justice as enunciated by Supreme Court of Pakistan--Such principles are deemed to be integral part of each and every statute until specifically excluded by positive words. 1987 S C M R 1189; Chief Commissioner, Karachi and another v. Mrs. Dina Sohrab Katrak P L D 1959 S C 45; Messrs Farid Sons Ltd. and another v. Government of Pakistan and another P L D 1961 S C 537; Commissioner of Income-tax East Pakistan v. Fazlur Rehman P L D 1964 S C 410; Sh. Abdur Rahman v. The Collector and Deputy Commissioner, Bahawalpur and others P L D 1964 S C 461; Haji Ghulam Mustafa v. Agriculture Department 1973 P L C 308; Muhammad Mohsin Siddiqui v. Government of West Pakistan P L D 1964 S C 164 and P L D 1974 S C 151 ref. Haji Ghulam Mustafa v. Secretary to Government of Punjab 1973 P L C 308; Nazir Ahmad Swati v. Establishment Secy. Government of Pakistan and another 1984 P L C (C. S.) 183 and 1986 S C M R 2001 cited. (b) Civil service- ---Annual Confidential Re ports--Expunction of adverse remarks-­Appendix VIII to "Revised Inspector-Generals' Standing Order 32" showing final countersigning authority and authority for expunction of adverse remarks in respect of officiating Sub-Inspector of Police to be D. I. G.--Government's instructions that in adherence to principle of natural justice Nemo judem in causa sup potent (no body should be Judge of his own cause), authority for expunction of adverse remarks should be the authority next above the authority which last countersigned the A.C.R.--Instructions issued by Inspector-General of Police on the subject found to be in clear conflict with the dictums of Supreme Court of Pakistan and instructions of Government--Such instructions, held, were not binding and the D.I.-G. was debarred to decide the representation submitted by appellant for expunction of adverse remarks as he could not sit in on his…

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