| Case ID |
2d3619fe-6727-41eb-896b-d8c0eeb45b80 |
| Body |
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| Case Number |
S.A. No. 20 of 1991 |
| Decision Date |
Mar 08, 1992 |
| Hearing Date |
Mar 07, 1992 |
| Decision |
The appeal seeks the expunction of adverse remarks recorded in the Annual Confidential Report (ACR) of the appellant for the year 1975. The tribunal found that the reporting officer, Mr. M.Z. Babar, had the authority to initiate the ACR despite being an Additional District and Sessions Judge. The tribunal dismissed the argument of mala fides due to lack of evidence. It was noted that the adverse remarks were inconsistent with the appellant's previous service record, which showed positive evaluations. The tribunal concluded that the adverse remarks were unjustified and ordered their expunction. |
| Summary |
The case revolves around the appeal of Muhammad Ilyas, an Additional District and Sessions Judge, against adverse remarks recorded in his ACR for the year 1975. The primary contention was that the reporting officer was not authorized to record such remarks, as he was an ad hoc Grade-18 officer while the appellant was a confirmed Grade-18 officer. The tribunal examined the authority of the reporting officer and found that he was duly authorized to initiate the ACR following the death of the District and Sessions Judge. The tribunal also evaluated the claims of mala fides but found no substantial evidence to support this claim. The adverse remarks regarding integrity, behavior, and standard of living were deemed inconsistent with the appellant's prior service record, which had no adverse entries. Consequently, the tribunal accepted the appeal and expunged the adverse remarks from the appellant's record. This case highlights the importance of proper authority in the evaluation of civil servants and the necessity of substantiating claims of mala fides within administrative proceedings. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
JUSTICES SH. RIAZ AHMAD,
ZIA MAHMOOD MIRZA
|
| Lawyers |
Raja Mahmood Akhtar,
Muhammad Rashid Malik,
Azam Rasool
|
| Petitioners |
MUHAMMAD ILYAS
|
| Respondents |
GOVERNMENT OF PUNJAB,
|
| Citations |
1993 SLD 1586,
1993 PLC 979
|
| Other Citations |
Not available
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| Laws Involved |
Not available
|
| Sections |
Not available
|