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Petitioner: MASUD ALI KHAN VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 592
[Service Tribunal Punjab]
Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
MASUD ALI KHAN
versus
GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab, Lahore
Appeal No. 371/832/86, decided on 16th March, 1991.
(a) Civil service----
---- Government of the Punjab Instructions for Writing the Confidential Reports, Instruction No. 28---Compulsory retirement---When case of civil servant for his compulsory retirement from service was considered by Provincial Review Committee, departmental representation filed by civil servant against adverse remarks, which were made basis of his retirement, were rejected by competent Authority, but his appeal against order competent Authority which was pending before Tribunal was accepted much after recommendations made by Provincial Review Committee, but sufficiently before meeting of Second Review Committee---In the backdrop of such proceedings, recommendations of both bodies (Review Committees), were in utter violation of Instruction No. 28 of Government of Punjab Instructions for Writing Confidential Reports, which had the force of Rules---Two Committees had made their recommendations in complete disregard of those Instructions as Committees could not do so before civil servant had exhausted all remedies available to him including his right of appeal before Tribunal for getting adverse remarks forming basis of compulsory retirement, expugned.
(b) Civil service----
--------Compulsory retirement---Minutes of meetings of Review Committees which had recommended compulsory retirement of civil servant, clearly showed that out of last 10 reports, only 3 reports had rated civil servant's integrity as `average' which meant that majority of reports about civil servant, were good and satisfactory---If entire service record of civil servant was taken into consideration, aggregate rating would still be favourable to him as even out of total of 29 confidential reports only 3 were in `average' category-- Guidelines for retiring civil servant prematurely, having provided that for retention of civil servant in service beyond 25 years aggregate rating of integrity, should be satisfactory---Review Committee did not assign due importance to the previous record of the civil servant----Civil servant should not have been condemned in circumstances.
(c) Words and phrases---
---- Average---Meaning and scope.
Standard Oxford English Dictionary and Black's Law Dictionary ref.
(d) Punjab Civil Servants Act (VIII of 1974)----
----S. 6---Civil service---Adverse remarks---Satisfactory service rendered by a civil servant means that Government was satisfied with his performance even if he had met just the minimum requirement indicated for doing a job-- `Average' equates `satisfactory' which was one of the conditions for confirmation of a civil servant---Confirmation means continuation or retention against a post on permanent basis whereas retention in service signifies that civil servant is allowed to continue to hold the post he was already holding on permanent basis---If satisfactory or average record of service was sufficient for confirmation, it should be good enough for retention in service also---If a civil servant meets minimum standard or average rating in confidential reports, it should not make him persona non grata---No weighing scale was with reporting officer except his personal whim to work out average of qualities in Officer reported upon.
(e) Civil service---
----"Confirmation of service" and "retention in service"---Meaning and Scope-- Confirmation means continuation or retention against a post on permanent basis whereas retention in service signifies, that a civil servant is allowed to continue to hold the post he was already holding on permanent basis---If satisfactory or average record of service was sufficient for confirmation it should be good enough for retention in service also.
(f) Civil service---
----"Average integrity"---Meaning---Average integrity means acquiescence on part of Government to carry on with an officer whose integrity was not really above board or whose integrity was subject to change---Vague and ambiguous, expressions like average should not be made a measure of assessment of performance and conduct of a civil servant much less of his integrity.
(g) Civil service---
----Average remarks---Natural justice, principles of---Violation---It was against principles of natural justice that a person should be condemned on the basis of average remarks which were not conveyed to him and against which he was not allowed any opportunity to show cause or explain his position because unlike adverse remarks, average remarks are not communicated to civil servant concerned, which was unfair and untenable.
(h) Act of Court---
---- None is prejudiced by act of Court.
(i) Civil service---
---- Premature retirement---Premature retirement of civil servant on recommendation of Review Committee admittedly was result of misrepresentation of fact as correct picture of civil servant's career was not presented to Review Committee and to competent Authority---Orders of retirement of civil servant were not based on proper construction of relevant rules---Authority in retiring civil servant not only had acted in violation of Government's instructions with regard to retirement, but also of principles of natural justice as remarks on basis of which he was retired were not communicated to him---Order of Authority could not sustain in circumstance.
Muhammad Aslam Virk for Appellant.
A.G. Humayun and Ch. Manzoor Hussain, D.As. for Respondent and Malik Muhammad Azam Rasul on behalf of the A.-G., Punjab.
Date of hearing: 6th November, 1991.