Law:

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Punjab Service Tribunals Act (IX of 1974)--- ---S. 4--Adverse remarks--Adverse remarks communicated to appellant were neither remarks nor adverse but a resume of work of appellant-­Said remarks were also contradicted by remarks of countersigning officer who opined that appellant was an intelligent and efficient officer--Held, Recording Officer treated said remarks as adverse without applying his mind to facts and legal implication--Remarks expunged in circumstances. JUDGMENT The appellant while serving as Acting Director, Excise and Taxation, Bahawalpur was conveyed the following remarks:- "He is plus over the preceding year's collection, whereas minus against the fixed annual targets for the year 1983-84." The remarks were treated as adverse and conveyed to the appellant through demi-official letter dated 13th February 1985. The appellant submitted a representation against these remarks but the same was rejected and the appellant was communicated the decision vide memo: NO.SO.ADMN.(E&T)7-2/85, dated 16-6-19$6. 2. The appellant still feeling not satisfied decided to invoke the jurisdiction of this Tribunal through appeal under section 4 of the Punjab Service Tribunals Act 1974. This appeal was admitted to regular hearing on 4-8-1986. The respondent has contested the same, filed the parawise comments/ written objections and prayed for dismissal of the appeal. 3. I have heard the learned counsel for the appellant as well as learned District Attorney and gone through the relevant record. It is maintained by the learned counsel for the appellant that the impugned remarks are contradicted by the other entries in the same report. He has specifically referred to the following parts:- 1. Part II. Personal qualities. (Overall grading 'Good'). 2. Part III. Attitudes. (Overall grading 'Average'). 3. Part IV. Proficiency. (Overall grading 'Adverage'). 4. Part V. (a) Pen-picture. An experienced Officer, who has been working satisfactorily during the year under report. (c) He is plus over the preceding years' collection; whereas minus against the fixed annual targets for the year 1983-84. 6. Part VI. General Assessment. (a) Overall…

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