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Petitioner: GENERAL MANAGER, PAKISTAN RAILWAYS VS Respondent: FEDERAL SERVICE TRIBUNAL
1997 P L C (C
1997 P L C (C. S.) 174
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, C.J. and Muhammad Bashir Khan Jehangiri, J
GENERAL MANAGER, PAKISTAN RAILWAYS and others
versus
FEDERAL SERVICE TRIBUNAL and another
Civil Petition No. 475 of 1995, .decided on 10th December, 1995.
Railway Servants (Efficiency and Discipline) Rules, 1961‑‑‑
‑‑‑‑R. 4‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Adverse remarks‑‑ Expunction‑‑‑Railway employee ‑‑‑Expunction of adverse remarks against Railway employee by Service Tribunal‑‑-Validity‑‑‑Adverse remarks against Railway employee were recorded without pre‑counselling‑‑‑Petitioners claimed that there was no need for pre‑counselling for the reason that on the same ground numerous other reports were issued by Department which were adverse in nature on same ground with advice that such employees should improve their condition and become willing workers‑‑‑Such reports were not produced for there was no allegation in appeal of employee that there were other entries against him which were adverse in nature and that in such circumstances expunction of remarks was uncalled for‑‑‑Leave to appeal was granted to consider contentions raised therein.
Mirza Masood‑ur‑Rehman, Advocate Supreme Court for Petitioners.
Nemo for Respondents.
Date of hearing: 10th December, 1995.
ORDER
SAJJAD ALI SHAH, C.J.‑‑‑It is submitted by the counsel for the petitioners that respondent No.2 approached the Service Tribunal with grievance that his annual confidential report for the period from 1‑1‑1994 to 31‑12‑1994 was adverse in nature alleging him to be as unwilling worker which was done without pre‑counselling as is requirement under the rules. Written statement was filed on behalf of the petitioner department and the allegation was denied. In the result, after hearing, the adverse entry has been expunged by the Service Tribunal.
2. It has been urged before us that there was no need for pre -counselling for the reason that on the same ground fourteen other reports were issued by the department, which were adverse in nature on the same ground with advice that he should improve his condition and become a willing worker. These reports were not produced because there was no allegation in the service appeal of the petitioner that there were other entries against him, which were adverse in nature. It is contended that in these circumstances expungment of the remarks was uncalled for.
3. Leave is granted to consider the above contentions. .
A.A./G‑562/S Leave granted.