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Petitioner: KHALID MAHMOOD AHMAD VS Respondent: SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN, ISLAMABAD
1998 P L C (C
1998 P L C (C.S.) 925
[Supreme Court of Pakistan]
Present: Abdul Hafeez Memon and Munawar Ahmad Mirza, JJ
KHALID MAHMOOD AHMAD
versus
SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN, ISLAMABAD and another
Civil Petition No. 461 of 1995, decided on 25th November, 1996.
(On appeal from the judgment/order, dated 30-7-1995, of the Federal Service Tribunal, Islamabad, passed in Appeal No. 212(R) of 1995).
Government Servants (Efficiency and Discipline) Rules, 1973---
----R. 4--Constitution of Pakistan (1973), Art. 212(3)---Adverse remarks in Annual Confidential Report of civil servant---Departmental appeal and service appeal of civil servant against adverse remarks were dismissed-- Validity ---Leave to appeal was granted to consider; whether Service Tribunal had not dealt with disputed period of Annual Confidential Reports and was influenced in its judgment by extraneous consideration of reversion of petitioner during his probationary period, on basis that he had not challenged his reversion, whereas, in fact, he had challenged his reversion in Supreme Court by filing petition for leave to appeal, which was dismissed; and that in view of facts stated herein, judgment of Service Tribunal was erroneous and not sustainable in law.
1991 SCMR 2330 ref.
Hafiz S.A. Rehman, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 25th November, 1996.
ORDER
ABDUL HAFEEZ MEMON, J.---Leave to appeal has been sought against the judgment, dated 30-7-1995, passed by the Federal Service Tribunal, Islamabad, whereby Appeal No.212(R). of 1995 filed by the petitioner was dismissed.
2. The petitioner was communicated adverse remarks in his A.C.R. for the period from 10-2-1994 to 22-12-1994, vide a letter dated 6-3-1994 issued by the G.H.Q. Rawalpindi. The petitioner filed departmental appeal against the said remarks, but the competent Authority dismissed the appeal without assigning any reasons. He thereafter, filed service appeal before the Federal Service Tribunal, which was also dismissed. While dismissing the appeal, the Service Tribunal observed that:-
(i) the petitioner had been earlier reverted from the post of Deputy Chief Administrative Officer to the post of G-I for unsatisfactory record, and the petitioner had not challenged such reversion.
(ii) the petitioner had mixed record, that in certain A.C.Rs. he had been rated good and very good, and considered to be intelligent, hardworking, cooperative and tactful and well-conversant with rules and regulations; whereas in certain other A.C.Rs. he had been rated as average, in some even below average.
Aggrieved by the judgment of the Service Tribunal, the petitioner has filed this petition.
3. Hafiz S.A. Rehman, learned counsel for the petitioner, contended that the departmental appeal filed by the petitioner was dismissed without assigning reasons, in violation of law and the principles of natural justice. In support, learned counsel has relied on 1991 SCMR 2330.
Learned counsel next contended that the Tribunal has not dealt with the disputed period of A.C.Rs. and was influenced in its judgment by extraneous consideration of reversion of the petitioner during his probationary period, on the basis that he had not challenged his reversion, whereas, in fact, he had challenged his reversion in tire Supreme Court in Civil Petition No.180 of 1996, which was dismissed by this Court.
Learned counsel further argued that in view of the above, the judgment of the Service Tribunal was erroneous and was not sustainable in law.
4. The contentions raised by the learned counsel require consideration. Leave is accordingly, granted.
A. A./K-16/S Leave granted.