| Case ID |
5cb519ea-0376-422c-9ba8-81f9b432c6d2 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 5-R of 1985 |
| Decision Date |
Oct 19, 1985 |
| Hearing Date |
Oct 19, 1985 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Service Tribunal. The petitioner, Muhammad Ashraf Khokhar, contended that the Countersigning Officer acted mala fide in grading him as 'average' in his A.C.R. for the year 1976. The Tribunal found no substantial evidence supporting the claim of mala fide, as the Countersigning Officer had previously removed unfavorable remarks from the petitioner's record. The Court emphasized that allegations of mala fide must be backed by specific facts and conclusive proof. The petitioner's argument regarding his entitlement to the Grade-17 pay for the period he officiated was also rejected, as the Tribunal cited the lack of concrete evidence to support his claims. |
| Summary |
In the case of Muhammad Ashraf Khokhar vs. Chairman Railway Board, the Supreme Court of Pakistan addressed issues concerning civil service promotions and allegations of mala fide actions by public functionaries. The petitioner challenged the decision of the Service Tribunal which had rejected his claim for promotion and pay in Grade-17 based on an average rating in his Annual Confidential Record (A.C.R.). The Court reiterated the necessity for specific evidence when alleging mala fide, highlighting that vague assertions are insufficient for legal claims. The ruling emphasized the importance of documented performance evaluations in determining eligibility for promotion in public service. This case serves as a critical reference point for civil service regulations and the standards for alleging mala fide actions in administrative decisions, reinforcing the need for clarity and evidence in such claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Railway Board
|
| Judges |
ASLAM RIAZ HUSSAIN, ACTG. C.J.,
ABDUL KADIR SHAIKH,
S.A. NUSRAT, JJ
|
| Lawyers |
Petitioner in person,
Nemo for Respondents
|
| Petitioners |
MUHAMMAD ASHRAF KHOKHAR
|
| Respondents |
2 others,
CHAIRMAN, RAILWAY BOARD, ISLAMABAD
|
| Citations |
1986 SLD 381 = 1986 SCMR 233
|
| Other Citations |
Nabi Ahmed v. Ministry of Defence, 1985 SCMR 1649,
Nabi Ahmad v. Ministry of Defence 1985 SCMR 1949
|
| Laws Involved |
Constitution Of Pakistan (1973)
|
| Sections |
Art. 212(3),
S. 4
|