Law:

Section:

Civil service-------A.C.R---Vitiation of A.C.R---A.C.R would be vitiated if it was not recorded by a Competent Authority; if it was for less than a period of three months; if it was not objective and was based on highly unwarranted/personalized remarks; if it was not recorded within prescribed time; if it was not communicated to concerned person within prescribed time or was communicated with inordinate and unexplained delay; if person against whom adverse remarks were written was not counselled about his defects and for removing same and it was biased, mala fide or prejudiced---A.C.R's. of employee, in the present case, containing adverse remarks, could not be thrown out on unproved allegations levelled by him against officer concerned--Nothing was on record against other three higher officers whose opinion/reports, must prevail in the matter as no allegation of any bias, mala fide and prejudice was against them. 1999 SCMR 819=1999 PLC (C.S) 409 ref. Sultan Ahmed, for Appellant. Asif Mangi, Standing Counsel for Respondent. Date of hearing: 18th October, 2004. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER)---This appeal under section 4 of the Service Tribunals Act of 1973 was filed by appellant against the respondents, hereinabove, on 2-3-1999. 2. The facts leading to this appeal are that the appellant joined the Pakistan Navy in 1979 as Civilian Workman. He was lastly promoted as Ship Fitter, Highly Skilled Mistry and was posted in the Gun Boat Sections of the Fleet Management Group on 5-5-1996 where he allegedly worked till 15-10-1996 under Sub./Lt. Saghir Khokhar, Incharge Gun Boat Section and Mr. Zakir Hussain, CGO Officer Incharge, Ship Fitting Shop of Pakistan Navy, Dockyard, both of whom had no complaint regarding his work and conduct and were fully satisfied with him. It was alleged that on 16-10-1995, Sub./Lt. Saghir Khokhar transferred the Appellant orally to Missile Boat Shop (Mechanical) as its Incharge (Sub./Lt. M. Ashraf) had with the permission of the higher authorities demanded transfer of his services in connection with the forthcoming naval exercise. He accordingly joined the Missile Boat Shop on 16-5-1996 where he was, allegedly badly…

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