Case Details

Citation(s)
1992 SLG 604 1992 SLD 604 1992 PLC 16
Service Tribunal, N.W.F.P.
Appeal No. 28 of 1989, decided on 5th May, 1991.
MUHAMMAD SIDDIQUE KHATTAK AND TAJ MUHAMMAD KHAN, MEMBERS

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Dr. NOOR KHAN WAZIR, SENIOR LECTURER, KHYBER MEDICAL COLLEGE, PESHAWAR

VS

GOVERNMENT OF N.-W.F.P., through Chief Secretary and another

Law:

Section:

(a) Civil service--- ---- Adverse remarks in Annual Confidential Report---Civil servant's representation against adverse remarks---Acceptance or rejection of such representation not communicated to civil servant, whereupon he made another representation to which respondent department informed him that his earlier representation had been rejected---Appeal---Limitation, computation of period---In absence of any solid proof in support of the claim of respondent department that civil servant's earlier representation was considered and filed and he was informed of the fate of his representation, such claim could not be accepted, and reply contained in its letter would be construed to be the letter of rejection of his departmental representation against which civil servant had come in appeal---Such letter having been received by civil servant on 1-1-1989, appeal filed by him on 26-1-1989 was well within time. 1987 P L C (C.S.) 776 rel. (b) Civil service-­ ----Adverse remarks ---Expunction of---Competency of appeal ---Expunction of adverse remarks and withholding of promotion on account of adverse entries in the Annual Confidential Report come within terms and conditions of service--­Service Tribunal was thus competent to entertain appeal relating to expunction of adverse remarks. (c) North-West Frontier Province Civil Servants Act (XVIII of 1973)-- ----S. 22---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Supersession of civil servant by his junior officers and withholding of promotion from him on basis of adverse remarks which were never communicated to him---Civil servant's appeal was not hit by provisions of S.22, North West Frontier Province Civil Servants Act 1973 and S.4, of…
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