| Case ID |
1fe983c6-be7c-4ec1-bbfd-bb5dbab147b5 |
| Body |
View case body. Login to View |
| Case Number |
189/1648 of 1983 |
| Decision Date |
Oct 06, 1982 |
| Hearing Date |
|
| Decision |
The case involves an appeal filed by Muhammad Hayat Ullah Khan Niazi against the adverse remarks recorded in his Annual Confidential Report (ACR) for the year 1976-77. The Tribunal found that the adverse entry was communicated after a delay of 11 months and was unjustified given the circumstances of the appellant's performance. The Tribunal noted the appellant's efforts in recovering arrears and considered the external factors affecting his performance. Ultimately, the Tribunal decided to expunge the adverse entry, highlighting that the communication of such remarks was not timely and did not reflect the true performance of the appellant. The decision was made without any order as to costs. |
| Summary |
In the case of Muhammad Hayat Ullah Khan Niazi vs. Director-General, Excise and Taxation Punjab, the appellant challenged the adverse remarks regarding his performance during the fiscal year 1976-77. The Service Tribunal scrutinized the circumstances under which the remarks were recorded and noted significant delays in their communication. The Tribunal found that the appellant had made commendable efforts in recovering tax arrears despite facing various challenges, including political instability and misinformation regarding the actual amounts owed. The members of the Tribunal recognized the discrepancies in the evaluation of the appellant's performance compared to his peers, leading to a perception of discrimination. The decision culminated in the expunging of the adverse remarks, affirming the appellant's satisfactory performance and integrity throughout his service. The ruling reflects the importance of timely communication and fair assessment in public service evaluations. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Haroon-ur-Rashid Cheema,
Mohammad Hanif Khan Niazi
|
| Petitioners |
MUHAMMAD HAYAT ULLAH KHAN NIAZI
|
| Respondents |
DIRECTOR-GENERAL, EXCISE AND TAXATION PUNJAB, LAHORE,
DIRECTOR, EXCISE AND TAXATION LAHORE DIVISION, LAHORE,
EXCISE AND TAXATION OFFICER, CIRCLE II, LAHORE
|
| Citations |
1984 SLD 1936,
1984 PLC 1531
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|