| Citation(s) |
|---|
| 1990 SLG 881 1990 SLD 881 1990 SCMR 987 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 303-R of 1989, decided on, 1$th,February 1990.
SHAFIUR RAHMAN AND RUSTUM S. SIDHWA, JJ
M. Munir Peracha, Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No. 303-R of 1989, decided on, 1$th,February 1990.
SHAFIUR RAHMAN AND RUSTUM S. SIDHWA, JJ
M. Munir Peracha, Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Mian MUHAMMAD ASLAM-
VS
Mirza MUHAMMAD ANWAR, DEPUTY DIRECTOR, F.I.A. and another
Law:
Section:
Constitution of Pakistan (1973)----Art. 212(3)---Adverse remarks in Annual Confidential Report ---Expunction--Civil servant's representation having been rejected by Appellate Authority he filed appeal before Service Tribunal beyond the statutory period, putting forth the explanation that he was removed from service by a, separate order in different proceedings, and he busied himself in avoiding removal order; only after getting it set aside, he approached the Tribunal in the matter of adverse remarks---Tribunal considered the explanation un-satisfactory, and dismissed appeal---Leave to appeal---Civil servant's appeal was in fact time-barred and explanation offered by him was not satisfactory---When civil servant was actively challenging his removal from service, he should have at the same time continued his remedy against the adverse remarks---Service Tribunal's view by its operative order was justified on the facts of the case and no question of law of public importance having arisen, leave to appeal was refused. ORDER SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 18th of March, 1989,. whereby his appeal, was dismissed as time-barred. 2. Adverse remarks were recorded in the Confidential Report of the petitioner for the period 9-8-1984 to 31-12-1984. He could get no relief from the Department and approached the Service Tribunal for getting the adverse remarks expunged. The order of the appellate Authority rejecting the representation/ appeal of the petitioner was passed on 24-2-1986 and he filed the appeal before the Tribunal against it on 19-8-1986. The only explanation given for…
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