Law:

Section:

Civil service-- --- Annual Confidential Report--Remarks in A.C.R. that "civil servant was not punctual and careless" without any material evidence in support of such remarks would not be legally justifiable--Service Tribunal deleted remark "not punctual and careless" from A.C.R. of civil servant. JUDGMENT Dr. A.Q. QAZI (MEMBER).--This order shall govern and dispose of Appeal No.26 of 1988 riled by Syed Asrar Hussain Taqvi Head Master, Education Department, who has -filed service appeal against the final appellate order of Director School Education Hyderabad Region whereby his appeal for expunction of the adverse remarks for the year 1982 has been rejected. 2. Briefly narrating the facts, the appellant joined education department as a teacher in 1952 and was promoted as a Head Master (BPS-17) in 1980 and that he was working as a Head Master, Government (P) High Court Kunri, under the District Education Officer (Male) Mirpurkhas (Respondent No.4) who recorded for the appellant following remarks in the Pen Picture of Annual Confidential Report for the year 1982. The Pen Picture is reproduced for brevity; "An average Head Master not punctual and careless" 3. The said remarks were communicated to the appellant by the Director School Education Hyderabad Region (Respondent No.3) which was acknowledged by the appellant on 22nd December, 1985. Appellant made a representation dated 14th January, 1980 well within the time and explained his position and asked for expunction. The representation was rejected and the appellant was intimated of the result vide a Memo of 12th March 1988. Appellant thereupon appealed to the Chief Secretary through proper channel which was also rejected on the ground that as per the standing instruction of the Service and General Admn. Department, Government of Sind only one representation could lie against the expunction of the adverse remarks and provision did not exist for the 2nd appeal/representation. This communication of the Chief Secretary was received by him on 21-4-198KS and it is with this background that he came to Sind Service Tribunal. 4. Since no serious legal objection have been raised at the bar in respect of the application…

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