Law:

Section:

Constitution of Pakistan (1973)---------Art. 212(3)---Adverse entry in Annual Confidential Report---Reporting officer, while comparing civil servant's performance with other officers rated him as below average---First countersigning officer considered civil servant's performance as quite fair and at par with that of an average officer---Second countersigning officer, however, agreed with the Reporting officer---Because of second countersigning officer's observations, remarks recorded by Reporting officer were conveyed to the petitioner---Contention that civil servant's performance having been classed as average in Part II of A.C.R., same could not be described as below average in Part III of the Report, repelled---Held; such contention was unfounded, for, in Part III of the Report, the performance of an officer was required to be compared with that of the other officers---Even though an officer might be described as average in Part II, his rating could go down when his overall performance was compared with those of other officers of the same grade---No inconsistency thus existed in that regard---Civil servant had not pleaded that the Reporting officer or the second countersigning officer had any personal reason to give adverse remarks to him---No question of law having arisen for consideration in the petition, leave to appeal was refused. ORDER SAAD SAOOD JAN, J.---The annual confidential report of the petitioner for the period 1-1-1981 to 13-7-1981 was recorded by the Assistant Commissioner City, Lahore. He described his performance as compared with the other officers as below average. While drawing his pen picture he observed that the petitioner had been transferred on complaint and required to mend his ways. The Deputy Commissioner who was the first countersigning officer, made the following entries:--- "His performance has been quite fair and at par with that of an average…

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