Case Details

Citation(s)
1990 SLG 794 1990 SLD 794 1990 SCMR 799
Supreme Court of Pakistan
Civil Appeal No.5-Q of 1987, decision dated: 26-09-1989.
MUHAMMAD AFZAL ZILLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
M. Aslam Chishti, Advocate Supreme Court, SA.M. Quadri, Advocateon-Record for Appellant. Iftikhar Muhammad, Advocate-General, Balochistan for
Respondents.

MUHAMMAD HADI--Appellant

VS

THE SECRETARY, GOVERNMENT OF BALOCHISTAN, AGRICULTURE AND COOPERATIVE DEPARTMENT;

Law:

Section:

(a) Expunction of remarks------ Leave to appeal was granted to examine whether adverse remarks recorded in the of High Court, dismissing Constitutional petition filed by Civil Servant, were not such as to be expunged from the being extraneous, not based on record and not deserved by the Civil Servant. (b) Expunction of remarks--- ---Justification---Adverse remarks recorded by High Court, while dismissing Civil Servant's petition against termination of his service, were borne out by documents, contents whereof provided the material, which formed the basis and justified the comments made by the High Court with regard to the performance of Civil Servant---Such observations could be made by the High Court as there was material and occasion to make them---No case was, thus, made out by Civil Servant for expunction of adverse remarks. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the appellant to examine the question whether adverse remarks recorded in the judgment of the Balochistan High Court dated 24-9-1986 dismissing a Constitution Petition filed by the Appellant were not such as to be expunged from the judgment being extraneous, not based on record and not deserved by the appellant. 2. The Pakistan Agricultural Research Council started a programme on Weeds of Cereals with the grant of American Government under PL-480. The programme related to the Balochistan Province, was to commence in 1983 and was to continue for a period of three years. Staff was recruited for the programme and the Petitioner was one such person recruited in BPS-18 on the recommendation of the Selection Board and took over on 27-8-1984. His services were terminated on 19-4-1985. He challenged the termination of his services by a Constitution Petition wherein the position taken up by the respondent was that the programme had itself to be abandoned and the employment of the appellant being temporary, he could not be reinstated. The High Court while dismissing the Constitution Petition made certain observations in paragraphs Nos.6 and 8 and the appellant is aggrieved by the following observations:- "(a) The conduct of the petitioner could also not be worthy of any credence.…
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