Case Details

Citation(s)
2002 SLG 1837 2002 SLD 1837 2002 PLC 841
Supreme Court of Pakistan
Civil Petition No-563 of 2001, decision dated: 8-01-2002. (On appeal from the judgment/order, dated 11-1-2001 passed by era] Service Tribunal, Islamabad in Appeal No.362(R)CS of 2000).
IFTIKHAR MUHAMMAD CHAUDHRY HAMID ALI MIRZA AND TANVIR AHMED KHAN, JJ

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Dr. SHAHID AMIN HYDER

VS

SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF PAKISTAN and another

Law:

Section:

Service Tribunals Act (LXX of 1973)--------S.4---Constitution of Pakistan (1973), Art.212(3)---Adverse remarks in Annual Confidential Report-Expunction-Matter related to terms and condition of service---Jurisdiction of Service Tribunal ----Department was dismissed against the adverse remarks entered in Annual Confidential Report of civil servant and Service Tribunal declined to exercise jurisdiction vested in it on the ground that the matter was not related to terms and conditions of service---Validity---Approach of the Service Tribunal was not correct because recording of adverse remarks in ACR of an employee was one of the term and condition of his service and if adverse remarks had been recorded the civil servant enjoyed a right to initially challenge the same before the next higher authority of the Department on the grounds available to him including the one that the adverse remarks had been recorded on subjective reasons and if his grievance was not redressed, then the civil servant could approach the Tribunal for redressal of his grievance---Service Tribunal was empowered to examine the remarks on the basis of available material and if the Tribunal came to the conclusion that Annual Confidential Report had not been recorded property or it was based on extraneous consideration or the allegation was not supported by the material, then the Tribunal was competent to accept the appeal. Inspector-General of Police, Punjab, Lahore and another v. Masood Ahmed Khan 1981 SCMR 840 ref. Petitioner in person. Nemo for Respondent. Date of hearing: 8th January,2002. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 11th January, 2001 whereby Service Appeal No.362(R) CS of 2000 filed by the petitioner for expungment of adverse remarks recorded against him in the ACR pertaining to the years of 1996-97 has been disposed of in the following terms:-- "3. The adverse ACRs perused and we will be unable to substitute our own .opinion about the same as the ACRs and representation have been recorded and heard by the competent persons/Authorities and that also consisting of responsible medical and executive officers.…
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