Law:

Section:

Civil service------- Adverse remarks ---Expunction---Adverse remarks in ACR had been challenged on ground that ACR of the relevant year was written/countersigned by officers who were not authorised by law to do so---Civil servant had stated that under Rules report in ACR should be written/initiated by next higher officer and countersigned by officer higher than Reporting Officer and both should be concerned with work of civil servant reported upon, but that procedure had not been adopted in his case as he was a doctor and instead of having the report from Medical Superintendent, his report was written by Managing Director of Establishment who not only was not designated his Reporting Officer, but was three steps higher officer and also was not concerned with work of civil servant---Civil servant also stated that Countersigning Officer was also not next higher officer of Reporting Officer which was another violation of Rules---Whole A.C.R. of civil servant, held, was nullity in eyes of law---Case was remanded to Department with direction that whole A.C.R. of civil servant for respective year be got written by proper Reporting Officer and Countersigning Officer in accordance with Rules. Appellant in person. Muhammad Younus Choudhry, Manager (Legal) POF, Wah and Muhammad Asadullah Khan, Manager (Adorn.), POF, Havelian, D.Rs. for Respondents. Date of hearing: 24th February, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---Appellant, Dr. Muhammad Mazahir, feeling aggrieved by following adverse remarks recorded by the Reporting Officer in Part V, (a) Pen-Picture, (b) Counseling and (c) Assessment of performance and Countersigning Officer in Part VII (a) in the ACR Dossier for the year 1992, communicated to him (through a letter dated 20-5-1993) on 3-7-1993:- Part V (a) Pen-Picture:- Dr. Mazahir Alain, never got settled with his posting at POF Havelian and has been using all possible means for getting away here. His performance as GDMO POF has been unsatisfactory. He avoids responsibility and does not take interest in office work and cares not even for the good name of his noble profession. He is not prepared to share the duty of providing medical cover during silent…

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