Case Details

Citation(s)
1991 SLG 336 1991 SLD 336 1991 PLC 767
Service Tribunal, Sindh
Appeal No. 118 of 1989, decision dated: 31st October, 1990.
MUNAWAR ALI KHAN, CHAIRMAN AND TASNEEM AHMAD SIDDIQUI, MEMBER

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AZIZULLAH

VS

REGISTRAR,

Law:

Section:

(a) Civil service--- ---- Annual Confidential Report---Minimum period for recording---Annual Confidential Report could competently be recorded for the period not less than three months. (b) Civil service- ---- Annual Confidential Report---Adverse remarks---Bias attributed to Reporting Authority---Allegation of bias denied by Reporting Authority in written statement ---Bias having been denied by the other party, burden was on civil servant to prove allegation of bias ---Qanun-e-Shahadat (10 of 1984), Art.118. (c) Civil service--- ---- Annual Confidential Report---Adverse remarks---Validity of---Merely because civil servant was not given adverse remarks for the earlier years was no ground to declare adverse remarks in question, as invalid. (d) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ---R. 4(1), Entry No. 9---Appointing Authority of subordinate judiciary---Chief Minister being the appointing authority of Civil Judges, Senior Civil Judges, Additional and District Judges they had thus, to make their representation before Chief Minister and not the High Court. (e) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4---S & G A D's Notification No. SOR-1 (SOA &TD)2/14-89 (Pt. II), dated 28-6-1990---Authority for purposes of Departmental proceedings--­Chief Justice of High Court has been declared as "authority" by Notification dated 28-6-1990, for purposes of departmental proceedings taken under Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---Before promulgation of Notification, such power was exercised by the Chief Minister---Representations arising from adverse remarks given to judicial officers---Mode of representation proposed. In order to ensure independence of Judiciary it was most desirable that the representation arising from the adverse reports given to the Judicial Officers should be disposed in the High Court. The representation against the report given by the District Judge may be decided by the Chief Justice and that against the adverse report given by the Chief Justice may be disposed by a Bench comprising three most senior Judges of the High Court. Urgent steps be taken by the…
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