Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212(3)---Civil Service---Adverse remarks---Leave to appeal was granted to consider whether adverse remarks in A.C.R. of civil servant by Countersigning Officer for the specified period, when Reporting Officer had adjudged performance of civil servant for the same period as good and he was allowed move-over to BPS-19 shortly before the adverse remarks by the countersigning officer, could be described as an objective assessment of the performance of civil servant in terms of the instructions of Government for writing Performance Evaluation Report of Government Servants. (b) Civil service--- ---- Adverse remarks in A.C.R:----Essentials---Reporting Officer and Countersigning officer while recording remarks in A.C.R. should be discreet, judicious, precise, detached, disinterested, dispassionate, equitable and fair minded without being partial---Countersigning Officer, however, while recording adverse remarks could not be deemed to have violated any of such principles---Civil Servant had not alleged any mala fides against Countersigning Officer, therefore, it could not be urged that he was not impartial or not dispassionate in evaluating the performance of civil servant as reflected in adverse remarks ----Countersigning Officer had disclosed the source on the basis of which he formed his opinion about the performance of the civil servant and he had twice summoned civil servant and warned him to improve his performance and integrity before recording adverse remarks---Such adverse remarks were not founded solely on the reputation but also on the performance of the civil servant. Government of Punjab through Additional Chief Secretary, Services General Administration and Information Department and another v. Abdul Matloob Khan, Extra Assistant Commissioner/Magistrate 1st Class, Gujranwala 1990 SCMR 1431 ref. (c) Civil service--- ---- Adverse remarks in A.C.R: --Expunction of---Where Reporting Officer or Countersigning Officer had .not personal motive or bias and they had evaluated performance of civil servant on the basis of their personal observation information, same could not be struck down merely on ground that they were not…

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