Case Details

Citation(s)
1996 SLG 460 1996 SLD 460 1996 PLC 331
Supreme Court of Pakistan
Civil Appeal No. 440 of 1993, decision dated: 12-06-1995
SALEEM AKHTAR, MAMOON QAZI AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Appellant in person. Raja Muhammad Bashir, Dy, A.G. and Raja Abdul Ghafoor, Advocate-on-Record

Engr. M. SALAHUDDIN AHMED

VS

SECRETARY, DEFENCE PRODUCTION DIVISION, RAWALPINDI and 4 others Engr. M. SALAHUDDIN AHMED Vs SECRETARY, DEFENCE PRODUCTION DIVISION, RAWALPINDI and 4 others

Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Art. 212---Adverse entries in Annual Confidential Reports---Appeal before Service Tribunal for quashing adverse entries for the year 1990 was dismissed before adjudication upon entries in Annual Confidential Reports for the years1988 and 1989 although appeal against same was also pending before it­ Validity ---Where several Annual Confidential Reports for different years had been challenged and there seemed to be connection and relevance among them, proper and advisable course would be to hear all of them together and if it was not possible then at least appeal against Annual Confidential Report of earlier year should be heard first, for at times it happens that subsequent dual Confidential Reports are influenced and based on earlier reports-- Service Tribunal, thus, committed error in not hearing both appeals together and in hearing appeal for the years 1988 and 1989 after appeal for the year 1990---All such appeals should have been consolidated to avoid confusion and contradiction ---Annual Confidential Report for the year 1990, was based on and influenced by the Annual Confidential Report for the years 1988 and 1989 which were expunged by Service Tribunal though after decision made in appeal in respect of year 1990---Government having not filed any appeal against of Service Tribunal expunging remarks for the years 1988 and 1989, notice of such fact had to be- taken while deciding appeal for the year 1990-­Service Tribunal even on factual ground had erred, for according to respondents, appellant had availed 63 days' leave on medical ground but actually it turned out only 16 days---Service Tribunal's view that medical leave of even 16 days was sufficient to give adverse remark was .unreasonable and could not be justified by any logic or principle governing recording of Annual Confidential Reports-Impugned of Service Tribunal relating to adverse remarks in Annual Confidential Report for the year 1990, were expunged in circumstances. JUDGMENT SALEEM AKHTAR, J.---The appellant with the leave of this Court has challenged the judgment of the Federal Service Tribunal, whereby his appeal for quashment of adverse entries in…
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