Case ID |
22d819b5-7796-4817-aa87-fd72fda71b4c |
Body |
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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
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Laws Involved |
Constitution of Pakistan (1973)
|
Sections |
Art. 212 (3)
|