| Case ID |
1679e93e-a318-4ccf-a83a-526908e6cff4 |
| Body |
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| Case Number |
Civil Petition No.223 of 1985 |
| Decision Date |
Nov 20, 1988 |
| Hearing Date |
Nov 20, 1988 |
| Decision |
The Supreme Court addressed the petitioner's grievances regarding adverse remarks in his Annual Confidential Report. The petitioner had previously appealed to the Service Tribunal, which dismissed his appeal based on the Commissioner's comments relating to ongoing inquiries into serious allegations. The Court noted that according to the Establishment Division's instructions, adverse remarks should only be recorded after a punishment order has been made, which was not the case here as the petitioner was exonerated. The Court ordered a report from the respondent, emphasizing the need to adhere to procedural fairness in recording such remarks. |
| Summary |
In the landmark case of Noor Ahmad Mirza vs. Government of the Punjab, the Supreme Court of Pakistan deliberated on the legality of adverse remarks recorded in the petitioner's Annual Confidential Report. The case arose when the petitioner, having been exonerated from inquiries related to serious allegations, challenged the Service Tribunal's dismissal of his appeal. The Court underscored the importance of adhering to the procedural guidelines outlined by the Establishment Division, which stipulate that adverse remarks should only follow a punishment order. The ruling emphasizes the principles of justice and fair procedure in administrative decisions, reinforcing the rights of civil servants against unjust evaluations. This case has significant implications for the administrative law landscape in Pakistan, particularly concerning the treatment of civil servants and the proper documentation of their performance evaluations. The Court's directive to the respondent to submit a report within six weeks highlights the ongoing commitment to ensuring transparency and accountability in the administrative process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Services General Administration & Information Department
|
| Judges |
NASIM HASAN SHAH,
GHULAM MUJADDID
|
| Lawyers |
Amjad Ahmad, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate-on-Record
|
| Petitioners |
NOOR AHMAD MIRZA
|
| Respondents |
GOVERNMENT OF THE PUNJAB, through Services General Administration & Information Department
|
| Citations |
1989 SLD 708,
1989 SCMR 693,
1989 SLD 1264
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|