Law:

Section:

Civil service-- ----------Instructions about Writing of Confidential Reports para. 43--Adverse report, recording of--Pre-condition--Reporting Officer before recording formal adverse report is required to send said official, a note of caution, advising him to mend his defects--When such counselling was unheeded only then adverse re ort has to be recorded in respect of defaulting official--No such advice tendered to such official--Non-compliance of para. 43 of Instructions did not justify recording of adverse report against such official--Adverse report for specified years was thus unjustified and could not be allowed to remain on record. Rasool Bux Unar for Appellant. Imdad Hussain Kazi for Respondents. Date of hearing: 24th November, 19&S. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This appeal is directed against the order of the Education Department, Government of Sind , dated 30­12-1985 communicated to the Director, School Education, Hyderabad Region (hereinafter referred to as the Director) forwarding a copy thereof to the appellant. By the said order, the appellant's request for expunction of adverse remarks was rejected. The appellant served as Head Master, Government Islamia High School, Khipro (hereinafter referred to as the said School) from 15-8-1963 to December, 1985. During his posting in the said school he was conveyed four adverse reports; first, relating to year 1978 by the Director's letter dated 30-6­1980, second, for the year 1979, by the Director's letter dated 29-4-1985, third with regard to year 1980 by Director's letter dated 22-2-1982 and fourth, pertaining to year 1981, by Director's two letters dated 22-2-1982 a and 29-4-1985. The appellant made separate representations seeking expunction of each of the said advere reports. Excepting his representation against adverse report of 1978 which he had addressed to the District Education Officer, with a copy thereof forwarded to the Director his remaining three representations were made to the latter authority through District Education Inspector. Some of the representations were rejected by the impugned order and hence this appeal. We heard the arguments of [lie learned counsel for the…

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