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Petitioner: EJAZ HUSSAIN VS Respondent: SUPERINTENDENT OF POLICE, KHUSHABHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 316
[Service Tribunal Punjab]
Before Abdul Hamid Khan, Member
EJAZ HUSSAIN
Versus
SUPERINTENDENT OF POLICE, KHUSHAB and 2 others
Appeal No. 528 of 1989, decided on 17th November, 1990.
Civil service---
------Adverse remarks ---Expunction of---Solitary adverse remarks which civil servant had received during his entire career, was that his quality of readiness to expose subordinates had been graded as "below average"---In reports preceding the impugned report civil servant had never been considered as below average in that respect---With remarks relating to relations with colleagues, in a total of 2.1 reports, none was except disputed one wherein his relations with public and colleagues were adversely reported upon---All those adverse entries including one about integrity, which had been graded as "controversial", stood alone by themselves thus those were only adverse remarks against civil servant in their categories during his entire career---Was not believable that after getting positive remarks for almost 11 years, integrity of civil servant should suddenly become "controversial" and traits like readiness to expose subordinates come down to being "below average" and relations with his colleagues "undesirable"---Remaining remarks against civil servant such as "retention after 25 years of service" and class of report "C" were based on general remarks and other adverse remarks given by reporting officer-- Remarks against civil servant were outcome of and were based on two departmental enquiries against him and in both, charges against him were found to be false and he was exonerated---Civil servant having been exonerated in both enquiries reference to either of two in confidential report was thus uncalled for---Edifice on which remarks against civil servant were built having been crumbled, no justification existed for retaining those remarks against him.
Farooq Ahmad v. S.P., Sahiwal etc. 1983 PLC (C.S.) 1295; Rana Naseer-ud-Din v. Government of the Punjab, Agriculture Department 1939 PLC (C.S.) 606; Muhammad Zairian v. S.P., Gujranwala 198.1 PLC (C.S.) 967; 1983 PLC (C.S.) 303; 1986 PLC (C.S.) 117 and 1986 PLC (C.S.) 134 ref.
M.A. Riaz for Appellant.
Manzoor Hussain D.A. for Respondents.
Date of hearing: 8th August. 19915.