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Civil service-- --- Annual Confidential Report--Adverse remarks, expunction of--f Impugned adverse remarks recorded by Countersigning Officer contradicted by opening sentence thereof and by other parts of report--Such remarks not having been treated as adverse when recorded, could not be subsequently treated as such--Such fact alone, held, was sufficient to establish mala fides--Impugned order set aside and impugned remarks expunged. Muhammad Ajaib Malik for Appellant A.G. Humayun, District Attorney for Respondent. Date of hearing 15th, August, 1987 JUDGMENT IHSANUL HAQUE CHAUDHRY (CHAIRMAN).--The relevant facts for the decision of the appeal are that the appellant was posted as Extra Assistant Commissioner, Jhelum in the year-1984. The following remarks were recorded by the Deputy Commissioner, Jhelum, as Countersigning Officer in his ACR for the period from 1-1-1984 (.to 31-12-1984:- "A competent officer with a good reputation for integrity. However he is inclined to be clannish and always remained controversial on this account. It may be in the officer's own interest to seek postings outside Rawalpindi Division." It seems that these remarks or any part thereof were not treated as adverse when recorded, therefore were not conveyed to the appellant. Subsequently what happened is that the Countersigning Officer in the ACR for the year 1985 recorded some adverse remarks and the same were conveyed to the appellant. These adverse remarks for the year 1985 referred to the above mentioned remarks. The appellant filed a representation against the adverse remarks for the year 1985 and took up a plea that he was never conveyed the remarks subject ­matter of this appeal. It was thereafter, that the following remarks out of the above report of the countersigning Officer were treated as adverse and conveyed to the appellant: ......."He is inclined to be clannish and always remained controversial on this account.".... The appellant submitted a representation against these adverse remarks. However, the same was rejected by Respondent vide Memo dated 23-6-1986. The appellant feeling not satisfied decided to invoke the jurisdiction of this Tribunal. 2. The appellant filed…

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