Law:

Section:

(a) Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991)--- ----S. 3---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted on the ground that judgment of the Tribunal prima facie appeared to be based on certain assumptions which were not sustainable in law. (b) Civil service--- ----Annual Confidential Report---Allegation of bias---Remarks about the performance of an incumbent may be a, subjective evaluation on the basis of objective criteria where substitution for an opinion of the competent authority is generally avoided unless the same is tainted with mala fide, partiality and bias---Annoyance of the Reporting Officer over the insistence of incumbent for vacation of the official accommodation allotted to him (incumbent) can be a factor. Zahoor Hussain v. Principal of Government College, Sahiwal and others 2005 SCMR 1035 ref. (c) Civil service--- ----Annual Confidential Report---Expunction of adverse remarks---Civil servant having a long tenure of service of about 23 years had not been given any adverse remarks except the one in question---Service Tribunal had given sufficient reasons for the interference by expunging the adverse remarks from the Annual Confidential Reports and no justification existed to differ with the impugned judgment---Supreme Court dismissed the appeal against order of Service Tribunal in circumstances. JUDGMENT MIAN SHAKIRULLAH JAN, J. --- The -Respondent, a member of the District Judiciary was awarded three adverse ACRs. for the period (i) 1-1-1998 to 31-12-1998 (ii) 1-1-1999 to 30-6-1999 and (iii) 1-1-2000 to 5-7-2000 by the Reporting Officer who in the case of' first two ACRs was District and Sessions Judge, Jhang while in the case of third ACR, he was Sessions Judge/Judge Accountability Court, Bahawalpur. The said ACRs bearing out endorsement by the countersigning officer, not totally agreeing with the Reporting Officer. The incumbent felt aggrieved of the aforesaid adverse ACRs approached the Punjab Subordinate Judiciary Service Tribunal, Lahore for the expunction of the same through three different Service Appeals bearing Nos.83 to 85 of 2001. All the three appeals were allowed, through, a common…

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