Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212 (3)---Annual Confidential Report---Averse remarks recorded by District Judge concerned against civil servant m his Annual Confidential Report for the period he worked as Judicial Magistrate---Validity---Leave to appeal was granted to examine, inter alia, whether the Service Tribunal had, in the impugned order/ , failed to give consideration to the rejection by the High Court of the representation of the civil servant, which showed that the High Court agreed with the adverse remarks of the District Judge. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Petition for leave to appeal---Limitation---Impugned was not announced in the presence of the parties---Institution of petition for leave to appeal against such /order after receiving information with regard to the by receipt of a copy thereof from the Tribunal, would be within time. (c) Constitution of Pakistan (1973)--- ----Art. 212 (3)---Petition for leave to appeal---Question of law of public importance---Concept---If a Tribunal exercising exclusive jurisdiction omits to take into consideration material facts or interprets admitted facts in a manner not warranted by law or fails to pass a valid then a question of law of public importance does arise for keeping such a Tribunal within its Jurisdiction. (d) Constitution Pakistan (1973)--- ---Art.212 (3)---Question of law of public importance---Concept. (e) Civil service--- ---- Annual Confidential Report---Adverse remarks recorded in Annual Confidential Report---Annual Confidential Report had noted certain good points of civil servant, while in the appropriate column adverse remarks were also recorded---Validity---Such Annual Confidential Report did not suffer from any infirmity on account of its having noted certain good points alongwith adverse points as such remarks could co-exist. (f) Civil service--- --- Annual Confidential Report---Adverse remarks---Countersigning Officer, in order to override such adverse remarks, had to positively say so---If the Countersigning Officer expressed his inability to record any remarks, such adverse remarks by Reporting Officer would hold good. (g) civil service----…

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