Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 212 (3) ---Annual Confidential Report rated as average ---Effect--- leave to appeal was granted to consider whether objection was filed by the Government before the Tribunal and was not taken note of and further that as in Annual Confidential Report in question, civil servant was rated "average" and the same not being treated as adverse remarks, no representation or appeal was maintainable. (b) Civil service--- ---- Guide to Performance Evaluation, para. 2.33---Principles for evaluation of civil servant explained through-illustrations---Effect---Such illustrations merely explain applicability of principles for performance evaluation in varying circumstances and are not rules to be applied in every case. (c) Civil service ----Annual Confidential Report---Initiation of Annual Confidential Report by officer of the same rank would suffer from inherent defects and dangers--­ Possibility that both officers being of the same grade might at any stage be rivals in promotion and thus Reporting Officer to secure his future might record adverse remarks, could not be ruled out---Such dangers, doubts and uncertainties in formulating career of civil servant could not be conducive to healthy structure of service---Apart from the fact. hat Reporting Officer should be of a higher rank it would also be necessary that he as well as Countersigning Officer should be concerned with the work. of officer reported upon---Annual Confidential Reports initiated by the officer of the same grade were rightly challenged and quashed---Additionally specified report though initiated by officer of Grade-20, having been countersigned by officer of Grade-19, could not be justified or held to be legal and same was rightly quashed by Service Tribunal. (d) Civil service--- ---- Annual Confidential Report---Annual Confidential Report rated as "average"---Implications---Such report ordinarily should not be treated as adverse and therefore, not appeal-able, nevertheless, where such remarks were communicated as adverse or treating same to be adverse any order was passed against civil servant, he would have a right to file appeal and challenge the same. Province…

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