Law: Punjab Civil Servants Act, 1974 

Section: 8

Punjab Civil Servants Act (VIII of 1974)------S. 8---Instructions for writing Confidential Reports---Refusal of proforma promotion ---Expunction of adverse remarks---Decision of not giving promotion to appellant in 1984 was based on his Annual Confidential Report for the year 1983 which contained a reference to a corruption case registered m 1984 in which appellant was acquitted----Departmental Promotion Committee in face of extremely damaging report which was also endorsed by Countersigning Officer, held, was within its right not to accept claim of appellant to ante-date his promotion---Appeal for expunction of adverse remarks and against refusal of proforma promotion was dismissed in circumstances.Date of hearing: 20th February, 1990.JUDGMENT ABDUL HAMID KHAN (MEMBER).--The appellant who is a retired Assistant Director, Civil Defence, has filed this appeal against the orders dated 26-8-1986 rejecting his representation for expunction of adverse remarks and orders dated 2-7-1987 turning down his request for proforma promotion. Both these orders were passed by respondent No. 2 (Home Secretary, Punjab). A case under section 161, P.P.C. read with section 5(2) of the P.C.A. 1947 was registered against the appellant on 18-1-1984 for accepting illegal gratification. While this case was pending in the Court of Special Judge, Anti-Corruption, Gujranwala, the Deputy Commissioner/Civil Defence Controller, Gujranwala initiated on 10-3-1984 his ACR for 1983 wherein he graded him average on every count except integrity which he found `poor'. Under the column Pen Picture he described the appellant as under: "He is an average officer. Was caught red-handed accepting bribe Slow and dis-organised:" In Part VI of the ACR under the heading `Over-all Grading' both the Reporting Officer and the Countersigning Officer/Director, Civil Defence, Punjab (Respondent No. 3) graded him `below average' and `not yet fit for promotion.' In his general remarks, the countersigning officer recorded as under: "I have no reasons to disagree with the remarks of the reporting officer pertaining to his integrity till the decision of the Court." This meant that the…

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