| Case ID |
2299b64d-cb2f-4362-94f3-5c8c2d997d01 |
| Body |
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| Case Number |
C.Ps. Nos. 3447 to 3450 of 2022 |
| Decision Date |
Feb 07, 2023 |
| Hearing Date |
Feb 07, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the Director General of the Intelligence Bureau against the judgments of the Federal Service Tribunal. The Tribunal had expunged the adverse remarks recorded by the Countersigning Officer in the Performance Evaluation Reports (PERs) of the respondents and restored the assessments made by their Reporting Officers. The Court noted that the evaluation of performance by Reporting and Countersigning Officers is a personal assessment based on direct observation and should not be interfered with unless there is mala fide or gross violation of instructions. In this case, the Countersigning Officer failed to provide prior counseling to the respondents before recording adverse remarks, constituting a gross violation of the guidelines. |
| Summary |
This case revolves around the significance of Performance Evaluation Reports (PERs) in the civil service, particularly within the Intelligence Bureau of Pakistan. The Supreme Court addressed the obligations of Reporting and Countersigning Officers in preparing these evaluations, emphasizing the necessity for objectivity and fairness. The Tribunal had previously ruled in favor of the respondents, Riaz-ul-Wahab and Surkharu Khan, who contested the adverse remarks recorded by their Countersigning Officer, which they argued were unjustified given their strong performance evaluations by their Reporting Officers. The Court upheld the Tribunal's decision, reinforcing that evaluations should not only reflect performance accurately but also require prior counseling to ensure that employees are informed of any deficiencies in their performance. This ruling highlights the importance of structured feedback mechanisms in public administration, ensuring that civil servants are evaluated fairly and given opportunities to improve their performance, thus enhancing overall productivity within government institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Syed Mansoor Ali Shah,
Jamal Khan Mandokhail,
Shahid Waheed
|
| Lawyers |
Raja M. Shafqat Khan Abbasi,
Mrs. Ayesha Wani
|
| Petitioners |
DIRECTOR GENERAL, INTELLIGENCE BUREAU
|
| Respondents |
RIAZ-UL-WAHAB,
Surkharu Khan
|
| Citations |
2023 SLD 2133
|
| Other Citations |
PLD 1986 SC 684,
1994 SCMR 1348,
1997 SCMR 1749
|
| Laws Involved |
Performance Evaluation Report Guidelines
|
| Sections |
2.13(i)(ii),
3.3(ii)(iv)
|