Case Details

Citation(s)
1991 SLG 1830 1991 SLD 1830 1991 PLC 86
Service Tribunal, Sindh
Appeal No. 40 of 1989, decided on 4th December, 1989.
MUNAWAR ALI KHAN, CHAIRMAN AND MOBEEN AHMAD KHAN, MEMBER

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Dr. Syed INAMUR REHMAN

VS

CHIEF SECRETARY and 2 others Dr. Syed INAMUR REHMAN vs CHIEF SECRETARY and 2 others

Law:

Section:

(a) Civil service--- ---Annual Confidential Report--Instructions about Confidential Report, enjoy status of Rules and lay down a comprehensive procedure and include time schedule for initiation, finalization and communication of Annual Confidential Reports of Government servants. (b) Civil service--- --- Annual Confidential Report--Adverse Reports, communication of--Mere fact that adverse reports of all the three years were sent together under a single cover, held, would not raise a presumption that they were all written and finalised at one and the same time. (c) Civil service--- --- Annual Confidential Report--Where all the three reports were sent on one date, non-compliance of para.34 of Instructions for Confidential Reports, held, could not be presumed. (d) Civil service--- --- Annual Confidential Report--Time limit provided in law and rules for Annual Confidential Reports was directory and not mandatory. (e) Civil service--- --- Annual Confidential Report--Communication of, with delay--Belated adverse reports, held, were not nullified on ground of delay--Mere omission to communicate the adverse remarks within the prescribed time limit would not have the effect of washing off such remarks and they should be equally effective as though communicated within time--Expunction of adverse report on ground of its late communication to person concerned was not permissible. Krishan Kumar Shardah v. Chief Secretary, Government of Sindh 1989 P L C (C.S.) 47 rel. (f) Civil service--- ---Annual Confidential Report--Adverse remarks--Expunction--Appellant seeking expunction of adverse remarks communicated to him by Authorities without observing prescribed time limit for communication thereof--Appellant took plea that observations of Countersigning Authority were self-contradictory; there was no precounselling and that all the adverse remarks were given to appellant by same Reporting Authority and that he was not placed for second assessment by another Authority--Late communication of confidential report is deprecated on ground that it loses its effect with passage of time but it could not, be taken a reason for expunction of the same--Observation of Countersigning…
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