| Case ID |
42f2e36c-a988-46ba-8ecc-444df2b51444 |
| Body |
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| Case Number |
Appeal No. 785/828 of 1974 |
| Decision Date |
May 17, 1979 |
| Hearing Date |
|
| Decision |
The Tribunal found that the adverse remarks against the appellant, Muhammad Shafi, were improperly decided by the Chief Conservator of Forests, who was not the competent authority to handle such a representation. The appeal was allowed, and the matter was remanded to the Secretary of the Forests Department for a proper decision based on merits. The Tribunal emphasized the importance of addressing representations to the correct higher authority as stipulated under section 21 of the Punjab Civil Servants Act. The appeal highlighted issues of procedural fairness in administrative decisions regarding employment and promotion within government services. |
| Summary |
This case revolves around the appeal of Muhammad Shafi against adverse remarks recorded by his superiors in the Forest Department of Punjab. The remarks negatively impacted his professional standing and eligibility for promotion. The Service Tribunal, led by Chairman M. Saleem Chaudhry and Member S. Hafeez-ur Rehman, ruled in favor of the appellant, stating that the Chief Conservator of Forests was not the appropriate authority to adjudicate on the representation made by Shafi. The Tribunal underscored the necessity for representation to be evaluated by the next higher authority, as mandated by the Punjab Civil Servants Act, ensuring that all civil servants have a fair chance to contest adverse evaluations. This case highlights the critical aspects of administrative justice, procedural correctness, and the rights of civil servants. Keywords: Punjab Civil Servants Act, Service Tribunal, adverse remarks, administrative justice, procedural fairness. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry (Chairman),
S. Hafeez-ur Rehman (Member)
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Shafi
|
| Respondents |
Others,
Secretary, Forest Department, Lahore
|
| Citations |
1980 SLD 1348,
1980 PLC 166
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
21
|