| Citation(s) |
|---|
| 2007 SLG 2496 2007 SLD 2496 2007 PLC 1316 |
Service Tribunal, Punjab
Appeal No.324 of 2006, decision dated: 6-10-2006.
JUSTICE (RETD.) RUSTAM ALL MALIK, CHAIRMAN
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Appeal No.324 of 2006, decision dated: 6-10-2006.
JUSTICE (RETD.) RUSTAM ALL MALIK, CHAIRMAN
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IRSHAD AKHTAR GULAB, D.S.P./S.D.P.O., CITY RAHIM YAR KHAN
VS
D.I.G. DISCIPLINE, LAHORE and others IRSHAD AKHTAR GULAB, D.S.P./S.D.P.O., CITY RAHIM YAR KHAN vs D.I.G. DISCIPLINE, LAHORE and others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-------S. 4---Adverse remarks-Expunction-Appeal to the Service Tribunal---Appellant serving as D.S.P. was communicated adverse remarks in his Performance Evaluation Report recorded by his first countersigning officer---Said countersigning officer had described grading of appellant as unsatisfactory (poor); and had also remarked with regard to fitness for promotion as "unlikely to progress further"; and had described him as "corrupt to the core"---District Attorney had admitted that report in question was for a. period which being less than three months, said adverse` remarks should have been ignored by the Department as required by instructions about writing of A.C.Rs., issued vide letter No. S(R)-3542 S&GAD, dated 12-2-1968---Performance Evaluation Report for the period in question, could not be legally recorded and same could not be considered to the disadvantage of appellant---Adverse remarks, were liable to be expunged, in circumstances---Appellate Authority should have ignored the limitation while deciding Departmental appeal because there could be no limitation for challenging illegal and void order---Impugned order was set aside and adverse remarks recorded in A.C.R. of the appellant for relevant period were expunged. Asif Nazir Awan for Appellant. Khadim Hussin Sindhu, District Attorney and Naseer Ahmad, Inspector Legal for Respondents. Date of hearing: 6th October, 2006 JUDGMENT JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---The appellant was serving as D.S.P./S.D.P.O., Jaranwala, District Faisalabad when through a letter dated 16-9-2004 issued by the office of the Inspector General of Police, Punjab, Lahore he was communicated the adverse. remarks in his performance Evaluation Report recorded by his first countersigning officer for the period from 19-4-1999 to 23-6-1999. In his remarks, the first countersigning officer had described his overall grading as unsatisfactory (poor) and had also remarked with regard to fitness for promotion as `unlikely to progress further' and had described him as corrupt to the core. Aggrieved of the adverse remarks, the appellant filed a departmental representation before the…
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