Law:

Section:

Keywords: Independence Of Judiciary, Chairman, Order, High Court, Departmental Appeal, Provisional, Instances, Proceedings, Determination, Government, Promotion, Appointing Authority, Disposed Of, Notice, Consideration, Disposal, Grounds, Parties, Cognizance, Notification, Expunction, Period, Costs, Confidential, Jurisdiction, Practice, Petition, Copy, Relief, High Court Judges, Appointment JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN)., J- By this appeal, Mr. Mahmoodul Hassan Naqvi has sought expunction of the adverse remarks awarded to him for the year 1988. The appellant was posted as Addl. Dist. & Sessions Judge, Hyderabad when the said adverse remarks were communicated to him by the D.O. Letter of Registrar, High Court of Sind, dated 18th June, 1989. He preferred departmental appeal to the Chief Minister through proper channel, seeking expunction of the adverse remarks. He waited for decision of the said appeal for statutory period of 9Q days but as he got no response, he came in the present appeal before this Tribunal. 2. The Government of Sind and Registrar, High Court are made as respondents in this appeal. The written statement initially filed by the learned Assistant Advocate General was presumably drawn up in the light of material he had received from the Registrar, High Court. It was disclosed in the said written statement that the appellant's representation for expunction of the adverse remarks which was obviously intended for the Chief Minister and was routed through High Court, instead of being forwarded to the Chief Minister, was considered and rejected in the Full Court Meeting held on 30.9.1989. Subsequently on 10.10.1990, the learned AAG made a statement in writing stating therein that the aforesaid written statement was filed only on behalf of Respondent No:2 (i.e. Registrar High Court) and that as indicated in the letter received by him from the Services and General Administration Department (i.e. Respondent No.1). Since the adverse remarks impugned in this appeal had been expunged by the Chief Minister after taking into consideration the advance copy of the appellant's representation, the respondent No.1 did not wish to file any formal written…

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