Law:

Section:

Civil service--- ----Annual Confidential Report---Adverse remarks---Expunction---Civil servant had sought expunction of adverse remarks in his ACR contending that adverse remarks against him were communicated after a lapse of full one year, that whole copy of ACR was not supplied to him alongwith adverse remarks and that during relevant year no counselling was ever given to him---Although, while recording adverse remarks or opinion full reasons were not needed to be given, yet conclusion had to be based on facts and Reporting Officer was required to give plausible explanation to justify adverse entries---Recording Officer having failed to do so in case of civil servant, adverse remarks against civil servant were not justifiable and were liable to be expunged. 1990 SCMR 1431 ref. Hafiz Tariq Naseem for Appellant. Mian Fida Hussain for Respondents. Date of hearing: 5th October, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).----The appellant, Muhammad Ashraf has come in appeal under section 4 of the Service Tribunals Act, 1973 for seeking expunction of adverse remarks foe the year 1992 contained in his ACR conveyed vide Letter No. CRA/8, dated 10-1-1994. The relevant remarks which have been prayed for to be expunged are as under:-- Column By Reporting Officer Dy. SS.RP By Countersigning Officer (DIG,PRP) 15. Integrity Controversial Corrupt 17. Class of report `B' `C' 18. General Remarks Average Police Officer. Lacks good reputation -- 2. In the first place it was contended by the learned counsel for the appellant that being aggrieved by the impugned order he submitted a departmental representation on 14-2-1994 but he was informed vide Endorsement No. CRA/31, dated 26-3-1994 that the appellant has not clearly mentioned about the adverse entries recorded by the Reporting Officer as well as Countersigning Officer separately and directed to resubmit detailed representation throwing lights on his laps. He, therefore, preferred a representation on 29-3-1994 which was rejected on 3-7-1994 and the appellant assailed the same before this Tribunal on 31-7-1994. 3. In the second place it was argued that the impugned adverse remarks were communicated at the belated stage i.e.…

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