Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--R. 4---Constitution of Pakistan (1973), Art. 212(3)---Expunction of adverse remarks recorded in civil servant's Performance Evaluation Report for certain years---Service Tribunal while accepting civil servant's appeal upgraded remarks from "below average" to "average"---Civil servant not satisfied with finding of Service Tribunal approached Supreme Court with contention that Annual Confidential Reports recorded against him did not h-Ave any legal validity inasmuch as reports in question were written belatedly. on the same date, without any written warnings to him on weak points and without any supporting evidence and that he had been victimised by such reports---Controversy raised by civil servant would necessitate factual enquiry which could not be undertaken by Supreme Court in petition for leave to appeal---Impugned of Service Tribunal being based on cogent reasons, would not call for any interference---No question of law of public importance being involved in petition for leave to appeal, same was refused. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 24-11-1997 passed by the Federal Service Tribunal. Islamabad (hereinafter referred to as the Tribunal) in Appeals Nos. 435(8) and 582(8) of 1997. 2. The sole grievance of then petitioner before the Tribunal related to the adverse remarks recorded in his Performance Evaluation Reports for certain years, communicated to him by two letters received by him in the year 1977. The Tribunal accepted the appeal by upgrading the remarks from 'Below average' to 'Average'. It would be advantageous to reproduce paragraph 4 of the impugned judgment, which reads thus:-- "Similarly the only adverse entry in column (c) treated to be 'Below Average' is contained in Serial No. 12 of Part III which indicates as 'Below Average' grading of the appellant in connection with his relations with his subordinates. This sole negative reporting has been repeated in all the three reports, initiated belatedly on 8-9-1996. However, this entry being the sole adverse entry against him repeatedly for three years has neither been commented upon in…

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