Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Keywords: High Court, Notice, Set Aside, Board Of Revenue, Service Tribunal, Chairman, Language, Government, Guilty, Disposal, Suspension, Place, Departmental Inquiry, Expunction, Magistrate, Departmental Representation, Grounds, Condonation Of Delay, Promotion, Order, Permission, Information, Violation, Factum, Recording, Copy, Penalty, Delay, Director JUDGMENT AKHTAR HASSAN, J.- This appeal initially brought under section 4 of the Punjab Service Tribunals Act, 1974 was transferred under section 8 of the Punjab Subordinate Judiciary Service Tribunals Ordinance No.11 of 1991 to this Tribunal for disposal. 2. It was directed against the modified version of adverse remarks recorded in the appellant's A.C.R, in the year 1979 by respondent No.3 Malik Lutaf Ali, the then District Sessions Judge, Dera Ghazi Khan. According to the original version thereof (Annex: 'A') he was reported to be below average, hundred per cent liar, first class intriguer, and reputed to be corrupt. On his representation, the High Court substituted the remarks to read:- "After inquiry he has been found to have the reputation of a corrupt officer." He assailed these remarks too in Appeal No.343/1084 of 1982 brought before the Service Tribunal, blit waited for finalisation of the inquiry which ultimately ended in holding him guilty of one of the three charges, namely that he had the reputation of a corrupt officer at Dera Ghazi Khan and was awarded penalty of Censure by the High Court. He preferred an appeal therefrom to the Government of the Punjab; the same was, of course, allowed and the penalty was set aside. 3. On the other hand, he withdrew on 22.2.1980 his Appeal No.343/1084 of 1982 pending before the Service Tribunal stating that he would rather prefer a departmental representation for expunction of the adverse remarks. Accordingly, he submitted his representation (Annex: 'G') urging that since the inquiry from which the adverse remarks had emanated, ultimately resulted in his total exoneration, those will he deemed to have been knocked out leaving no semblance of reason behind to sustain them on the record. The High Court, however, vide their order dated 10.7.1988 (Annex: 'H')…

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