| Case ID |
edb14b01-48d0-4a62-afc8-8dcc63b790de |
| Body |
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| Case Number |
Civil Petition No.223 of 1985 |
| Decision Date |
Nov 20, 1988 |
| Hearing Date |
Nov 20, 1988 |
| Decision |
The Supreme Court of Pakistan ruled on the petitioner's appeal against adverse remarks recorded in his Annual Confidential Report by the Commissioner. The Court noted that the Service Tribunal had dismissed the appeal based on comments from the Commissioner regarding pending inquiries. The petitioner contended that he was exonerated from these inquiries and that adverse remarks should not have been recorded as per the Establishment Division's instructions. The Court called for a report from the respondent regarding the compliance with these instructions, indicating that if the instructions had been followed, the adverse remarks would not have been justified. The respondent was directed to submit a report within six weeks. |
| Summary |
This case revolves around the legal principles governing the recording of adverse remarks in the Annual Confidential Reports of civil servants under the Constitution of Pakistan. The petitioner, NOOR AHMAD MIRZA, challenged the adverse remarks recorded by the Commissioner after failing to get relief from the Service Tribunal. The Supreme Court critically analyzed the procedural aspects and the implications of the Establishment Division's Memo regarding the recording of such remarks, particularly focusing on the necessity of established inquiries before such actions could be taken. The decision underscores the importance of due process and adherence to administrative instructions in the evaluation of civil servants. This case is significant for understanding the legal protections available to civil servants in Pakistan and the standards that must be met before adverse remarks can be recorded in their confidential reports. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF THE PUNJAB
|
| Judges |
NASIM HASAN SHAH,
GHULAM MUJADDID
|
| Lawyers |
Amjad Ahmad, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate-on-Record
|
| Petitioners |
NOOR AHMAD MIRZA
|
| Respondents |
GOVERNMENT OF THE PUNJAB, through Services General Administration & Information Department
|
| Citations |
1989 SLD 707,
1989 SCMR 693,
1989 SLD 1263
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|