Case Details

Citation(s)
1998 SLG 905 1998 SLD 905 1998 SCMR 2378
Supreme Court of Pakistan
Civil Appeal No. 1442 of 1995, decision dated: 26-06-1998. (On appeal against the judgment and order dated 12-4-1995 of the Punjab Subordinate Judiciary Service Tribunal, Lahore in Appeal No. 29 of 1991)
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
Abdullah Yousaf Warraich, Additional Advocate-General, Punjab and Rao Muhammad Yusuf Khan, Government Advocate-on-Record for Appellant. M. Ghani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for
Respondent No. 1

THE LAHORE HIGH COURT, LAHORE through Registrar

VS

Sh. ABDUR RASHID and another

Law:

Section:

Civil service--Annual Confidential Reports by Reporting Officer---Punjab ESTACODE, Book VII, Instruction 36---Countersigning Officer endorsing all the remarks, in respect of civil servant but declined to endorse the remarks contained in "overall grading"---Effect---Service Tribunal, in appeal had failed to apply its mind to Instruction 36 contained in Punjab ESTACODE, Book VII dealing with confidential reports and as to the overall effect of of the Reporting Officer and non-endorsing of certain remarks by the Countersigning Officer and its consequences---Supreme Court remanded the case back to the Tribunal for fresh decision in the light of observations made by the Supreme Court and Instruction 36 of the Punjab ESTACODE and the law laid down on the subject. Lahore High Court, Lahore v. Muhammad Jehangir Khan Goraya and another Civil Appeal No. 823 of 1990 and F.Q. Mati Ullah Khan Alizai v Chief Secretary, Government of N.-W.F.P. and 5 others 1994 SCMR 722 ref. JUDGMENT SH. RIAZ AHMAD, J.---This appeal through leave of this Court is directed against the judgment and order dated 12-4-1995 delivered by the Punjab Subordinate Judiciary Service Tribunal whereby an appeal preferred by the respondent calling in question the adverse remarks entered in his Annual Confidential Report (A.C.R.) was allowed. 2. Feeling aggrieved by the said judgment the Lahore High Court, Lahore through its Registrar sought leave to appeal, which was granted by this Court vide order dated 17-12-1995 to consider the rule laid down by this Court in the case of Lahore High Court, Lahore v. Muhammad Jehangir Khan Goraya and another (Civil Appeal No. 823 of 1990) which had a direct bearing on the controversy in the present appeal. 3. The brief facts giving rise to the institution of this appeal are that respondent Sh. Abdur Rashid while posted as Magistrate Section 30 was given following adverse remarks in his A.C.R. by the Reporting Officer Ch. Taj Muhammad, formerly District and Sessions Judge, Rawalpindi:-- PART-V Pen-picture:- There are so many complaints of corruption against him. Counseling:-- I had advised him to improve his integrity, but he did not improve. PART VI Overall Grading:…
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