| Case ID |
36b96872-7cf0-4fae-a58f-739ec4f2d2a5 |
| Body |
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| Case Number |
Service Appeals Nos. 48, 49 of 2001 and 52 of 2002 |
| Decision Date |
May 09, 2014 |
| Hearing Date |
May 09, 2014 |
| Decision |
The Tribunal accepted the appeals filed by the appellant, Nusrat Ullah Khan Niazi, against the adverse remarks recorded in his service record after his forced resignation. The court found that the remarks were vague and lacked a solid basis, resulting in grave prejudice to the appellant's career. The decision emphasized the principle of presumption of innocence, stating that a person is presumed innocent until proven guilty. The adverse remarks recorded by the Countersigning Officers were deemed unjustified, especially considering the appellant's unblemished career spanning 14 years. The Tribunal directed that the adverse remarks be expunged from the appellant's record, allowing him to continue his service without the stigma of those remarks. |
| Summary |
The case revolves around the appeals of Nusrat Ullah Khan Niazi against adverse remarks recorded in his Annual Confidential Reports (ACRs) after his forced resignation from judicial service. The Punjab Subordinate Judiciary Service Tribunal scrutinized the circumstances leading to the resignation and the subsequent recording of adverse remarks by Countersigning Officers. The Tribunal highlighted the significance of a fair evaluation process, emphasizing that judicial officers should not be subjected to unjust remarks without credible evidence. The decision reinforced the principle that a person's integrity should be presumed innocent unless proven otherwise, particularly in the absence of any warnings or counseling prior to recording adverse remarks. This case sets a precedent for the protection of judicial officers' careers against baseless allegations and emphasizes the importance of due process in administrative evaluations. |
| Court |
Subordinate Judiciary Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Farrukh Irfan Khan,
Abdus Sattar Asghar,
Muhammad Ameer Bhatti
|
| Lawyers |
Khalid Mian,
Mian Manzoor Hussain,
A.H. Masud
|
| Petitioners |
Nusrat Ullah Khan Niazi
|
| Respondents |
Registrar, Lahore High Court, Lahore
|
| Citations |
2014 SLD 291,
2014 PLC 1026
|
| Other Citations |
Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others 1997 SCMR 1749,
Government of the Punjab and another v. Ehsanul Haq Sethi PLD 1986 SC 684,
Shabbir Hussain v. Registrar Lahore High Court PLD 2004 SC 191,
Inspector-General of Police Punjab Lahore and 2 others v. Rana Altaf Majid 1994 SCMR 1348
|
| Laws Involved |
Punjab Subordinate Judiciary Service Tribunal Act
|
| Sections |
5
|