Legal Case Summary

Case Details
Case ID 2299b64d-cb2f-4362-94f3-5c8c2d997d01
Body View case body.
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)