Law:

Section:

Civil service- ---Adverse remarks--Expunction of--Appellant was awarded adverse remarks by second countersigning authority stating therein that he was an average officer, his integrity both intellectual and in financial matters was doubtful and that because of continuous supersession by his juniors and failing eye-sight appellant was completely frustrated and was unfit for further retention in service, when appellant had only 20 years of service--Appellant in past was also reported as below average in his sense of responsibility and moral standard and his integrity was assessed as poor--Departmental Promotion Committee considered him unfit for further promotion and this state of affairs rendered appellant completely frustrated--Contention on behalf of official respondent that second countersigning authority had expressed his opinion on desirability of retention of appellant in service after 25 years of qualifying service which was based on his overall performance--Appeal against award of adverse remarks rejected so far as it related to appellant's integrity, both intellectual and in financial matters-­Remarks declaring appellant unfit for further retention in service expunged as uncalled for as appellant had not yet completed 25 years qualifying service when such remarks could only be maintainable. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--Mr. Jamil Yusuf, the appellant, has come in appeal against the impugned order No. 105/14/PA; ML&C, dated the 8th April, 1985 whereby his departmental appeal against the adverse remarks contained in his ACR for the year 1984 was rejected by the competent authority. 2. The learned counsel for the appellant argued and contended that the ACR of the appellant for the year 1984 was written by three officers. The reporting officer and the countersigning officer who were directly concerned with the work of the appellant gave him a good report and recommended him for promotion. However, the second countersigning officer, respondent No. 2 who was not directly concerned with the performance of the appellant has recorded adverse remarks in the A.C.R. for the year 1984 which are without any justification or reason. 3. It was further…

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