Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Annual Confidential Report--Adverse remarks--Effect--Civil servant's integrity was labelled as doubtful and he was alleged to be maintaining relations with bad characters--Representation of civil servant rejected without hearing him--Held, since adverse A.C.R. could spoil the career of civil servant, therefore, like other departmental proceedings/enquiry, appellate forum must have summoned civil servant before decision--Appeal allowed and case remande4 for decision afresh after hearing civil servant. (b) Limitation Act (IX of 1908)- ---S. 5--Condonation of delay--Allegations of mala fides and violation of principles of natural justice rendering impugned order void--Court was empowered to condone delay if situation so demanded--Sufficient grounds existing for condonation of delay in filing appeal--Delay condoned in circumstances. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant has preferred the present appeal against the order dated 13-8-1987 of respondent No. 1 vide which the adverse remarks were entered in his A.C.R. for the year 1986 by him. He has also challenged the subsequent order dated 10-1-1988 of respondent No. 3 through which his departmental appeal dated 20-9-1987 was rejected. According to the appellant he was posted as Prosecuting Inspector Police at Lakki District Bannu in the year 1986. Prior to it he had already served there but under different circumstances as this time the D.S.P., Mr. Zahiruddin who was on inimical terms with him due to personal reasons was after his career and at his instance respondent No. 1 gave him the adverse remarks. He made a representation to respondent No. 3 but the same was dismissed without hearing him. This practice in vogue is against the principles of natural justice and the him. This practice` in vogue is against the principles of natural justice and the Islamic Law. He was not given any warning/explanation about his conduct during the period under reference. The adverse remarks would block his promotion. It so happened that respondent No. 1 awarded a reward of Rs.200 with recommendatory certificate to the appellant on…

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