Legal Case Summary

Case Details
Case ID 22d819b5-7796-4817-aa87-fd72fda71b4c
Body View case body.
Case Number Civil Appeal No. 823 of 1990
Decision Date Nov 29, 1992
Hearing Date Nov 29, 1992
Decision The Supreme Court of Pakistan accepted the appeal and set aside the judgment of the Service Tribunal. The Court found that the Service Tribunal had failed to take into account the adverse remarks recorded by the District Judge in the Annual Confidential Report of the respondent. The Supreme Court emphasized that the remarks made were valid and upheld by the Administration Committee of the High Court. The decision clarified that the absence of a written warning prior to the adverse remarks did not invalidate them. The judgment concluded that the adverse remarks were consistent with the overall assessment of the respondent’s performance and that the Tribunal had misdirected itself in evaluating the case.
Summary This case involves an appeal to the Supreme Court of Pakistan regarding the validity of adverse remarks recorded in the Annual Confidential Report of Muhammad Jahangir Khan Goraya, a former Judicial Magistrate. The Supreme Court examined whether the Service Tribunal failed to consider the rejection of the respondent’s representation by the High Court, which upheld the adverse remarks. The Supreme Court found that the Service Tribunal had erred in expunging the remarks without proper justification. The case underscores the importance of following procedural requirements when assessing performance in civil service evaluations and the implications of maintaining integrity in judicial conduct. Key points include the validity of mixed remarks in performance evaluations and the necessity of proper counseling prior to adverse assessments. This case serves as a precedent for future cases involving civil service evaluations and the standards of judicial integrity.
Court Supreme Court of Pakistan
Entities Involved Government of the Punjab, Local Government and Rural Development Department
Judges SHAFIUR RAHMAN, SAJJAD ALI SHAH, SALEEM AKHTAR
Lawyers Farooq Bedar, Additional Advocate-General instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellant., M.A. Qureshi, Advocate, with Dr. Khalid Ranjha, Advocate for Respondents.
Petitioners Registrar, Lahore High Court
Respondents MUHAMMAD JAHANGIR KHAN GORAYA
Citations 1999 SLD 1083, 1999 PLC 1278
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 212 (3)