Legal Case Summary

Case Details
Case ID ffbe1f60-901f-4a50-bf96-fa0301b8c39b
Body View case body.
Case Number Appeal No. 429 of 1979
Decision Date Feb 24, 1980
Hearing Date
Decision The Service Tribunal accepted the appeal filed by Muhammad Nasrullah Khan. The tribunal found that the adverse remarks recorded against the appellant for the years 1974, 1975, and 1976 were communicated in one lot, which violated Government Instruction No. 34, denying the appellant the opportunity to remedy his shortcomings. Furthermore, the tribunal noted the violation of Instruction No. 41, which mandates the transfer of an officer to another reporting officer if adverse remarks are recorded for two successive years by the same reporting officer. The tribunal inferred ill-will from the reporting officer, Prof. Khalid Masood Qureshi, due to the circumstances and expunged the adverse remarks.
Summary The case pertains to an appeal filed by Muhammad Nasrullah Khan, a Lecturer in Grade 18, against the Principal of Government College, Sheikhupura, concerning adverse remarks recorded in his Annual Confidential Reports (ACRs) for the years 1974, 1975, and 1976. The appellant argued that these remarks were communicated in one lot, violating Government Instruction No. 34, and that the reporting officer, Prof. Khalid Masood Qureshi, should have been transferred as per Instruction No. 41. The tribunal found merit in these claims, noting that the adverse remarks were indeed communicated in one lot, denying the appellant a chance to address the issues. Furthermore, the tribunal observed that the same officer had been recording remarks for multiple years, which should have led to a transfer to another reporting officer. The tribunal also inferred ill-will on the part of the reporting officer due to the circumstances. Consequently, the tribunal expunged the adverse remarks and accepted the appeal. This decision highlights the importance of adhering to procedural fairness and impartiality in the recording and communication of adverse remarks in civil service records.
Court Service Tribunal, Punjab
Entities Involved Director of Education, Lahore, Prof. Khalid Masood Qureshi
Judges M. Saleem Chaudhry, Mazhar Munir, S. Hafeez-ur-Rehman
Lawyers Not available
Petitioners Muhammad Nasrullah Khan
Respondents Principal, Government College, Sheikhupura
Citations 1980 SLD 1469, 1980 PLC 558
Other Citations Not available
Laws Involved Punjab Service Tribunals Act (IX of 1974)
Sections S. 4