Case Details

Citation(s)
2005 SLG 1278 2005 SLD 1278 2005 SCMR 1035
Supreme Court of Pakistan
Civil Petitions Nos. 1240/L and 1241/L of 2000, decision dated: 17th April 2003
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ

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ZAHOOR HUSSAIN er

VS

. PRINCIPAL OF GOVERNMENT COLLEGE, SAHIWAL and others --Respondents

Law:

Section:

Punjab Service Tribunals Act (IX of 1974) S. 4 Constitution of Pakistan (1973); Art.212(3) Expunction of remarks Bias in the mind of reporting officer Proof Question of subjective assessment Jurisdiction of reporting officer Scope ¬Grievance of civil servant was that the reporting officer had given adverse remarks against him in his Annual Confidential Report and that was just because of bias in the mind of the officer Service Tribunal declined to expunge the remarks Validity Had the reporting officer been biased, the civil servant would have not been able to get "good" reports regarding his intelligence, confidence, knowledge of Islam and knowledge towards Ideology of Islam Power of expression, knowledge of work .and analytical ability of the civil servant had been appreciated which could not have been done by a biased reporting officer Question of subjective assessment was within the supervisory domain of reporting officer which could not be interfered with unless some convincing and cogent reasoning was available and the same was lacking' in the instant case No question of law of public importance was involved in the matter persuading Supreme Court to grant leave Conclusion as arrived at by the Punjab Service Tribunal was in accordance with law and settled norms of justice and being well based, did not call for any interference Leave to appeal was refused. Azam Riaz Farooqi v. Board of Revenue, Punjab, Lahore 1989 SCMR 320 and Muhammad Naseem, v. Secretary, Government of Punjab 1989 SCMR 1149 rel. Syed Aqa Asif Jaffery, Advocate Supreme Court and M.A. Qureshi, Advocate on Record (absent) for Petitioner. Professor Zulfiqar Ahmad, Government College, Sahiwal for Respondent. Date of hearing: 17th April, 2003. ORDER JAVED IQBAL, J. ----On failure to get adverse remarks expunged from department the petitioner approached Punjab Service Tribunal, Lahore by way of appeal which has been rejected vide judgment impugned, hence this petition. 2. Syed Aqa Asif Jaffery, learned ASC appeared on behalf of petitioner and vehemently contended that the adverse remarks being conjectural, inconsistent and mala fide should have been expunged as no counseling whatsoever was…
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