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Petitioner: NOOR KHAN WAZIR, SENIOR LECTURER, KHYBER MEDICAL COLLEGE, PESHAWAR VS Respondent: GOVERNMENT OF N: W.F.P.
1992 P L C (C
1992 P L C (C.S.) 16
[Service Tribunal N: W.F.P.]
Before Muhammad Siddique Khattak and Taj Muhammad Khan, Members
Dr. NOOR KHAN WAZIR, SENIOR LECTURER, KHYBER MEDICAL COLLEGE, PESHAWAR
Versus
GOVERNMENT OF N.-W.F.P., through Chief Secretary and another
Appeal No.28 of 1989, decided on 5th May, 1991.
(a) Civil service---
---- Adverse remarks in Annual Confidential Report---Civil servant's representation against adverse remarks---Acceptance or rejection of such representation not communicated to civil servant, whereupon he made another representation to which respondent department informed him that his earlier representation had been rejected---Appeal---Limitation, computation of period---In absence of any solid proof in support of the claim of respondent department that civil servant's earlier representation was considered and filed and he was informed of the fate of his representation, such claim could not be accepted, and reply contained in its letter would be construed to be the letter of rejection of his departmental representation against which civil servant had come in appeal---Such letter having been received by civil servant on 1-1-1989, appeal filed by him on 26-1-1989 was well within time.
1987 P L C (C.S.) 776 rel.
(b) Civil service-
----Adverse remarks ---Expunction of---Competency of appeal ---Expunction of adverse remarks and withholding of promotion on account of adverse entries in the Annual Confidential Report come within terms and conditions of service-- Service Tribunal was thus competent to entertain appeal relating to expunction of adverse remarks.
(c) North-West Frontier Province Civil Servants Act (XVIII of 1973)--
----S. 22---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Supersession of civil servant by his junior officers and withholding of promotion from him on basis of adverse remarks which were never communicated to him---Civil servant's appeal was not hit by provisions of S.22, North West Frontier Province Civil Servants Act 1973 and S.4, of Act I of 1974 for there was no question of determining the fitness of civil servant for holding a particular post or promotion to a higher post---Civil servant had a definite cause of action as he had been superseded in promotion and he had impleaded all necessary parties---Civil servant's appeal was thus, competent.
(d) Civil service--
--- Adverse remarks---Civil servant was condemned on basis of adverse entries which were never communicated to him---Civil servant could not be condemned on basis of such adverse entries---Withholding of promotion of civil servant on basis of un communicated adverse remarks was thus, unjust and unfair.
PLD 1978 Lah. 581; 1980 PLC (C.S.) 384 and 558; 1981 PLC (C.S.) 854 and 1983 PLC (C.S.) 303 and 522 rel.
(e) Civil service--
---- Adverse remarks ---Expunction of---Adverse remarks in question, generally were about civil servant's integrity and bad reputation for corruption but same could not be established in inquiry against him---Adverse remarks recorded in civil servant's Annual Confidential Report having not been communicated to him in time, were expunged from character roll of civil servant---Civil servant was to be considered for promotion from the date his juniors were promoted considering that adverse remarks did not exist in his character roll.
Sher Zaman Kundi for Appellant.
Asif Shah, Government Pleader for Respondents.
Date of hearing: 5th May, 1991.