Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal was granted by Supreme Court to consider the impact of evidence adduced in the course of inquiry proceedings and further to ascertain as to whether order passed by Service Tribunal was justified on the record. (b) Civil Service--- ----Reputation---Proof---Persistent reputation of being corrupt can be proved conveniently on the basis of Annual Confidential Reports. (c) Constitution of Pakistan (1973)--- ----Art. 212(3)---Civil Service---Reinstatment---Reputation of being corrupt---Proof---Judicial officer was dismissed from service on the allegation of his being corrupt---Service Tribunal allowed the appeal filed by judicial officer and reinstated him in service---Validity---If the judicial officer was having persistent reputation of being corrupt, the same could not be decided in vacuum and scrutiny of Annual Confidential Reports were the only device to assess the persistent reputation of being corrupt or otherwise---Annual Confidential Reports during the posting of judicial officer at place in question were silent in that regard---If there had been some complaint, the position would have been different and some remarks could have been made in Annual Confidential Reports---No advice was ever tendered to the judicial officer for improvement in that sphere---Authorized officer did not agree with the recommendations of Inquiry Officer by whom judicial officer was exonerated but reasoning whereof was academic, Authorized officer might be correct logically but not legally---Some proof to substantiate the allegation of persistent reputation of being corrupt had to be there--:Authorities failed to bring on record anything whereof such a serious charge could have been substantiated--Inquiry Officer had examined the entire evidence produced in support of allegation of corruption and exonerated the judicial officer by giving convincing and cogent reasoning which could not be brushed aside and was rightly taken into consideration and relied upon by Service Tribunal---Prosecution failed to substantiate the accusation of corruption against the judicial officer---Service Tribunal had scrutinized the…

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