Case Details

Citation(s)
1991 SLG 2002 1991 SLD 2002 1991 PLC 1027
Service Tribunal, Sindh
Appeal No. 62 of 1990, decided on 22nd January, 1991.
MUNAWAR ALI KHAN, CHAIRMAN
M. Aqil Awan for
Respondents.

KAMALUDDIN MEMON

VS

--Appellant in person. KAMALUDDIN MEMON vs --Appellant in person.

Law:

Section:

Civil service--- ----- Annual Confidential Report---Adverse - remarks ---Expunction---Adverse remarks awarded were, besides- being vague quite unjustified---No ground was shown by the Authorised Officer on which said remarks were based---Charges against appellant were absolutely unacceptable---Appellant was not given any counselling prior to awarding adverse remarks---Appellant having good service record; could not be allowed carrying with him stigma of adverse remarks and that too on most flimsy grounds ---Adverse remarks were ordered to be expunged in circumstances. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---Aggrieved by the adverse remarks conveyed to appellant, Mr. Kamaluddin Memon, Additional District Education Officer, Thatta, vide Education Department's letter, dated 3rd October, 1988, he lost no time in making representation to the Education Minister for expunction of the same. The appellant was credited with the said adverse remarks by the Director, School Education, Hyderabad in his capacity as countersigning authority. His representation was, however, rejected and the remarks given to him were upheld vide Education Department's order, dated 17th June, 1990. On receipt of the said order on 28-7-1990, the appellant filed the present appeal on 25-8-1990. The appellant's learned counsel being absent, he submitted his arguments personally. On the other side we heard the arguments of Mr. M. Aqil Awan. We also went through the necessary record. The appellant was working as Addl. District Education Officer at Thatta, when he was communicated the following adverse remarks: "He is a man of vacillating nature and creates problems for self and officers." 2. The above remarks admittedly pertained to the year ending 31st December, 1987 and were recorded not by the reporting authority but by countersigning authority namely the Director, School Education Hyderabad. While attacking the above remarks the appellant invited our reference to the "Instructions For Filling of the ACR Forms" printed on the prescribed ACR form. It may be pertinent to refer to sub-paras (ii) and (v) of para. I of the said Instructions. They read as under:-- "(ii) The Reporting and Countersigning…
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