Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974))-- ---S. 4--Jurisdiction of Tribunal--Police force being Government department, Service Tribunal, has powers to adjudicate upon matters like grievances of employee in respect of adverse remarks communicated by higher Authorities against subordinate officer--Such matter did not relate to promotion of subordinate officer. (b) North-West Frontier Province Service Tribunals Act (I of 1974)- S. 4--North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 & 6--A.C.R. of employee, being a very important document and a deciding factor in promotion, seniority and retention of a Government servant, reporting officer, must write same without any bias-When there was anything against an official/officer, it would be incumbent upon reporting officer to warn/advise him in time but before writing of A.C.R.-­Departmental Appellate Authority was under legal obligation to summon aggrieved servant before deciding his appeal in order to know background of case because there could be certain matters which could only be judged if aggrieved servant was heard in person by appellate forum. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant preferred the present appeal against the communication of the adverse remarks for the year 1987 to him on 8-6-1988 by respondent No. 1. According to him he joined the Police Force as a Constable in 1969. He qualified the requisite courses and was confirmed as Head Constable in the year 1980. The adverse remarks vide Annexure A were conveyed to him by respondent No. 1 and he preferred an appeal to respondent No. 2, copy of which is Annexure B. Respondent No. 1 was asked to give his comments on the appeal. Copy of the reply is Annexure C wherein no allegation was levelled against the appellant but respondent No. 2 despite this fact rejected the appeal; hence the present appeal on the grounds that the order of the respondent is against law and all cannons of justice. Respondent No. 1 without any proof passed the impugned order which is mala fide. Respondents submitted the written statement denying the allegations of the appellant and…

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