Legal Case Summary

Case Details
Case ID d3e6f176-d5c5-4ed0-af96-4e2a5f9ad9b6
Body View case body.
Case Number Service Appeal No. 18 of 2007
Decision Date Jul 11, 2014
Hearing Date
Decision The Tribunal has ruled in favor of the appellant, Nusrat Ali Siddiqui, by expunging the adverse remarks recorded in his Annual Confidential Report (ACR) for the period from January 1, 2005, to June 1, 2005. The judgment highlighted that the previous ACR did not contain any negative remarks, and the adverse comments were made after a significant delay of over a year without justification. The Tribunal noted that an officer cannot be deemed 'corrupt' overnight, particularly when previous evaluations labeled him as 'honest'. The Tribunal further emphasized that the integrity and competency of the appellant were unjustly questioned based on biased reporting, which was inconsistent with the evaluations recorded in other ACRs. Therefore, the adverse remarks were declared invalid and were removed from the record.
Summary This case revolves around the appeal of Nusrat Ali Siddiqui against adverse remarks recorded in his ACR by the Reporting Officer. The Punjab Subordinate Judiciary Service Tribunal examined the legality of these remarks, which were made over a year after the reporting period and lacked any supporting evidence. The Tribunal found that the previous ACRs did not reflect any adverse comments, and the sudden change in assessment raised serious doubts about the integrity of the reporting process. The ruling underscores the importance of consistency in evaluations and the protection of judicial officers from arbitrary and biased assessments. The Tribunal's decision to expunge the remarks serves to uphold the principles of fairness and justice within the judicial service. This case highlights the need for transparency and accountability in the performance evaluations of judicial officers, ensuring that their rights are protected against unfounded allegations. Keywords: Punjab Subordinate Judiciary Service Tribunal, ACR expunction, judicial officer integrity, fairness in evaluations, adverse remarks, accountability in judiciary.
Court Subordinate Judiciary Service Tribunal, Punjab
Entities Involved Not available
Judges JUSTICE MUHAMMAD FARRUKH IRFAN KHAN, JUSTICES ABDUS SATTAR ASGHAR, MUHAMMAD AMEER BHATTI
Lawyers Muhammad Umar Riaz, Mian Manzoor Hussain, Shafique Ahmed
Petitioners NUSRAT ALI SIDDIQUI
Respondents REGISTRAR
Citations 2015 SLD 355, 2015 PLC 659
Other Citations Federation of Pakistan through Secretary, Islamabad and another v. Zakaria Khan Babar 1995 SCMR 1036, Registrar, Lahore High Court, Lahore v. Muhammad Afzal Khan, Civil Judge Sahiwal and another 2007 SCMR 1251, Akbar Ali v. Deputy Game Warden, Multan/Bahawalpur, Civil Divisions, Bahawalpur 1992 PLC (C.S.) 566, Muhammad Yahya Khan Kulachi v. Registrar, Lahore High Court, Lahore 2011 SCMR 1381
Laws Involved Punjab Subordinate Judiciary Service Tribunal Act, 1991
Sections 5