Law:

Section:

Civil service-- Annual Confidential Report--Adverse remarks --Justification--Civil servant against whom adverse remarks are to be passed must be aware as to where the fault lies in order to improve himself before he gets such remarks--Pen-picture about civil servant was confusing where, on the one hand it was opined that speaking orders were written and on the other it was maintained that detailed orders were missing--Communication of adverse remarks to civil servants was badly barred by time--Adverse remarks, therefore, would have no effect--Appeal against adverse remarks was accepted in circumstances. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Israr Ahmad Khan was awarded adverse remarks in his A.C.R. for the period commencing from 6-8-1981 to 31-12-1981 by respondent No. 2. He made a representation to respondent No. 1 which was refused and the same was the fate of the review petition to the said authority, so the present appeal before the Tribunal on the grounds that the adverse remarks were factually incorrect, biased, prejudicial and mala fide. The said Deputy Commissioner had appreciated his services rendered by him in the successful arrangement of Jashan­e-Khyber, Peshawar. He had never been given the remarks either before or after the impugned ones. Besides this, they were communicated to him beyond the reasonable time. On the other hand respondents controverted the plea by stating that his performance was below average, that he really deserved the said remarks and that the present appeal was barred by time. It so happened that my learned predecessor Justice (Retd.) Qaisar Khan dismissed the appeal vide judgment dated 30-3-1985 on the ground of limitation and the appellant being dissatisfied with the same, challenged it before the worthy Supreme Court of Pakistan and their Lordships of the Supreme Court were pleased to remand the case to the Tribunal vide their judgment dated 30-5-1988. The delay was condoned and the Tribunal was directed to decide the appeal on merits. Counsel for the parties argued the case and the record perused. In the light of which the appeal is decided as under: - The assertion of the appellant that he was to…

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