Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Adverse remarks in A.C.R.---Initially, Service Tribunal in appeal filed by petitioner ordered expunction of adverse remarks against him and changed remarks "not fit for promotion" to "fit for promotion on his turn"--­Service Tribunal also accepted petitioner's appeal against his supersession in promotion and ordered that he should be deemed to be promoted on the dai when his next junior was promoted---Supreme Court, on Appeal by Federation against the order of Service Tribunal remanded case to Tribunal to rehear the appeal after petitioner appellant included names of other civil servants likely to be affected by decision in civil servant's favour---Civil servant on direction of Supreme Court amended his appeal and included names of civil servants mentioned in order of remand---Service Tribunal, however, dismissed civil servant's appeal---Validity---Petitioner's contention was that Authorities had not considered corrected A.C.Rs. of specific years of civil servant but decided his case on the old remarks "not fit for promotion", and thus he was not considered for promotion; that respondent civil servant had not done relevant course, therefore. he was not qualified for promotion--­Leave to appeal was granted to consider contentions raised by petitioner. M. Bilal; Senior Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th February, 1995. ORDER MIR HAZAR KHAN KHOSO, J.---The petitioner seeks leave to appeal against the judgment dated 17-5-1994 passed by the Federal Service Tribunal, Islamabad, whereby the appeal filed by the petitioner was dismissed. 2. The petitioner is an officer in Pakistan Ordnance Factory, P.O.F., Wah Cantt. While serving in Inspection Department, Wah, as Superintendent in years 1986 and 1987 he earned adverse remarks "not fit for promotion" in his A.C.R. According to the petitioner the remarks were not communicated- to him. On coming to know such adverse remarks he 'made departmental appeal to the Secretary, Establishment Division, challenging the adverse remarks as well as supersession by promotion of his next…

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