| Case ID |
2e65de3d-ebe5-4ae8-8349-daa0783fd986 |
| Body |
View case body. Login to View |
| Case Number |
Service Appeal No. 5 of 1991 |
| Decision Date |
Apr 07, 1991 |
| Hearing Date |
Apr 07, 1991 |
| Decision |
The appeal was allowed, and the adverse remarks recorded against the appellant in his Annual Confidential Report (ACR) for the year 1979 were expunged. The case highlighted that adverse remarks stemming from a departmental inquiry that concluded in the appellant's favor could not be sustained. The court found that the initial adverse remarks were extreme and unjustified, given the appellant's long service without any prior adverse entries. The court emphasized the need for objectivity in reporting and the absence of mala fides on the part of the reporting officer. The ruling reinforced the principle that adverse remarks based on unresolved inquiries should not remain on record, especially when they contradict the findings of the inquiry. |
| Summary |
In the case of Service Appeal No. 5 of 1991, the Lahore High Court addressed the validity of adverse remarks recorded in the Annual Confidential Report (ACR) of Muhammad Ahmad Afghani, a civil servant. The court found that these remarks were based on a departmental inquiry that ultimately exonerated the appellant. The ruling emphasized the importance of maintaining an unblemished record over a long service period and the necessity of objectivity in reporting. The court concluded that the remarks were not only unfounded but also reflected extreme bias from the reporting officer, who himself faced inquiries regarding his conduct. The decision sets a significant precedent in ensuring that civil servants are protected from unjust adverse remarks that could affect their careers, particularly when such remarks are not substantiated by conclusive evidence. Overall, this case underscores the principles of fairness and justice within civil service evaluations, aligning with contemporary discussions about the need for transparency and accountability in public service assessments. |
| Court |
Lahore High Court
|
| Entities Involved |
District and Sessions Judge, Dera Ghazi Khan,
Malik Lutaf Ali
|
| Judges |
AKHTAR HASSAN, J
|
| Lawyers |
Muhammad Riaz,
Abdul Rashid Malik
|
| Petitioners |
MUHAMMAD AHMAD AFGHANI
|
| Respondents |
others,
GOVERNMENT OF PUNJAB
|
| Citations |
1993 SLD 1173,
1993 PLC 142
|
| Other Citations |
Muhammed Khalid Pervez Uppal v. The Chairman, Central Board of Revenue and 2 others 1986 PLC (C.S.) 117,
Janas Khan v. Deputy Inspector-General of Police, Rawalpindi Range, Rawalpindi and another 1988 PLC (C.S.) 415,
Abdul Rashid v. Director, Agricultural Engineering, Faisalabad and another 1986 PLC (C.S.) 471,
Additional Chief Secretary, Service General Administration and Information Department and another v. Abdul Matloob Khan, Extra-Assistant Commissioner/Magistrate Ist Class, Gujranwala 1990 SCMR 1431,
Farooq Ahmad v. Superintendent of Police, Sahiwal and 2 others 1983 PLC (C.S.) 1295
|
| Laws Involved |
Not available
|
| Sections |
Not available
|