| Citation(s) |
|---|
| 2006 SLG 1821 2006 SLD 1821 2006 PLC 1065 |
Subordinate Judiciary Service Tribunal, Sindh
Service Appeal No.48 of 2002, decision dated: 17-06-2006.
JUSTICE MUHAMMAD MOOSA K. LEGHARI, CHAIRMAN AND, JUSTICE KHILJI ARIF HUSSAIN, MEMBER
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Service Appeal No.48 of 2002, decision dated: 17-06-2006.
JUSTICE MUHAMMAD MOOSA K. LEGHARI, CHAIRMAN AND, JUSTICE KHILJI ARIF HUSSAIN, MEMBER
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MUHAMMAD AYUB BHATTI
VS
HIGH COURT OF SINDH through Registrar MUHAMMAD AYUB BHATTI vs HIGH COURT OF SINDH through Registrar
Law:
Section:
Sindh Service Tribunals Act (XV of 1973) ------S.3-A---Adverse remarks---Expunction of---Appeal before Tribunal---Adverse remarks recorded in A.C.Rs. of appellant for relevant period communicated to him had been assailed by him in instant appeal---It was contended on behalf of appellant that said adverse remarks were communicated to him after considerable delay and that said adverse remarks were not substantiated by quoting any witnesses or giving justification and that no counselling was made to appellant before recording adverse remarks under challenge---Contention of appellant with regard to delay in communication of A.C.R. was repelled in view of fact that Reporting Officer as well as Authority remained pre- occupied on account of enormous judicial work---Mere delay in communication of adverse remarks in A.C.Rs., in circumstances would not be a valid ground to expunge same---Reporting Officer had made very serious observation against appellant---No ill-will or malice had been alleged, against Reporting Officer---No justification was in circumstances to disbelieve allegations levelled against appellant by Reporting Officer---So far as contention of appellant that no counselling was made before recording adverse remarks, suffice it to say that in Part-V(b) of two A.C.Rs. in question, it was specifically mentioned by Reporting Officer, "During monthly scrutiny he was conveyed remarks about his low disposal of cases. In the inspection rules above facts were highlighted and remarks were conveyed to him"---No justifiable reason was to take a view other than to accept same to be correct---Representation submitted by appellant was given due and proper consideration by Chief Justice---Besides appellant was afforded opportunity of personal hearing while disposing of his representation---Order passed by Chief Justice, was just, equitable and legally valid and did not call for interference---No convincing argument having been advanced for expunction of remarks in question, appeal of appellant being devoid of force, was dismissed. 2004 PLC (C.S.) 236; Governor of Punjab and another v. Ehsanul Haq Sethi PLD 1986 SC 684; Syed Tahir Hussain Sherazi v. The Governor of the…
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