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Petitioner: MUHAMMAD AZHAR MALIK VS Respondent: DIRECTOR, FEDERAL GOVERNMENT EDUCATIONAL INSTITUTION (C&G) DIRECTORATE, RAWALPINDI CANTT
1998 P L C (C
1998 P L C (C.S.) 1024
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan and Sh. Ijaz Nisar, JJ
MUHAMMAD AZHAR MALIK
versus
THE DIRECTOR, FEDERAL GOVERNMENT EDUCATIONAL INSTITUTION (C&G) DIRECTORATE, RAWALPINDI CANTT. and another
Civil Petition for Leave to Appeal No. 1128 of 1997, decided on 2nd April, 1998.
(On appeal from the judgment/order, dated 4-9-1997, of the Federal Service Tribunal, Islamabad, passed in Appeal No.9(Q) of 1996).
Government Servants (Efficiency and Discipline) Rules, 1973---
----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Annual Confidential Report ---Adverse remarks recorded in Annual Confidential Report of civil servant---Service Tribunal dismissed civil servant's appeal against adverse remarks---Validity---Supreme Court with consent of parties directed Secretary of the Department to ensure that disciplinary proceedings initiated against civil servant pursuant to charge-sheet were completed as expeditiously as possible but not later than 60 days from date of passing of order of Court---Petition for leave to appeal was converted into appeal and disposed of in terms of consent of parties---Adverse remarks entered in Annual Confidential Report of civil servant would, however, be subject to final result of disciplinary proceedings against civil servant.
Raja Muhammad Bashir, Advocate Supreme Court and Mehr Khan Malik. Advocate -on-Record for Petitioner.
Maulvi Anwarul Haq, Deputy Attorney-General for Respondents.
Date of hearing: 2nd April, 1998.
JUDGMENT,
IRSHAD HASAN KHAN, J.---This petition under Article 212(3) of the Constitution, is directed against the judgment, dated 4-9-1997, passed by the Federal Service Tribunal, Islamabad, dismissing appeal of the petitioner against adverse remarks recorded in his A.C.R. for the year 1995.
2. With consent of the learned counsel for the petitioner and the learned Deputy Attorney-General, the Secretary, Ministry of Defence, Government of Pakistan, Rawalpindi, is directed td ensure that disciplinary proceedings initiated against the petitioner pursuant to the Charge Sheet No.3400/D-18, dated 29-1-1996, are completed as expeditiously as possible but not later than 60 days from today.
3. Resultantly, the petition is converted into appeal and disposed of in the above terms with no order as to costs. Needless to observe that the adverse remarks entered in the A.C.R. of the petitioner shall be subject to final result of the disciplinary proceedings against him.
A.A./M-115/S Order accordingly.