Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 1046

[Lahore High Court]

Before Justices Maulvi Anwarul Haq, Chairman, Nasim Sikandar and Muhammad Sayeed Akhtar, Members

MUHAMMAD AFZAL JAVED, ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE

Versus

LAHORE HIGH COURT, LAHORE through Registrar, Lahore High Court, Lahore and 2 others

Service Appeal No.67 of 1999, heard on 30th January, 2003.

Civil service---

---- Adverse remarks, expunction of---Civil servant felt aggrieved of adverse remarks entered in his A.C.R. for the period from 1-1-1994 to 6-7-1994-- A.C.Rs. of civil servant pertaining to a point of time both before and after said few months for which adverse entries had been made, did not contain any adverse entries---Authority could not bring any material on which disputed adverse entries might have been based---Even upon examination of impugned A.C.R. of civil servant, it had been found that Reporting Officer had over all graded civil servant to be average in Parts II, III & IV---While drawing pen picture, only observation was "nothing special"---In Part VI(a)(iii) of A.C.R. civil servant had been graded as an average officer while in Part VI(b)(ii) he had been reported to be fit for promotion on his turn---Said impugned entry was rather inconsistent with other entries in Part VI---Civil servant having earned good reports before as well as for period subsequent to disputed period, Reporting Officer should have stated with particularity as to how all of a sudden there was a change in the conduct and behaviour of civil servant, supported by sufficient material, but that had not been done by Reporting Officer which had resulted in grave prejudice to civil servant---Adverse remarks made in A.C.R. of civil servant for disputed period from 1-1-1994 to 6-7-1994, were expunged, in circumstances.

Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others 1997 PLC (C.S.) 1059 ref.

Mehmood Ahmed Qazi for Appellant.

Azam Rasool Malik and Nayyar Iqbal Ghauri for Respondents.

Date of hearing: 30th January, 2003.

JUDGMENT

JUSTICE MAULVI ANWARUL HAQ (CHAIRMAN). ---The appellant, an Additional District and Sessions Judge, feels aggrieved of adverse remarks entered in his ACR for the period 1-1-1994 to 6-7-1994.

2. Learned counsel for the appellant contends that the appellant had blotless record both before and after the said impugned entries and that entry in Part VI (c) (iii) "reported to be corrupt" are not based on any material whatsoever.

3. Mr. Muhammad Azam Rasool, Advocate for the respondent has taken us through the records of ACRs pertaining to a point of time both before and after the said few months for which the said entry has been made and. we find that he had not been given any adverse entries in the ACRs pertaining to the said point of time: Learned counsel for the respondent is not in a position to bring to our notice any material on which the said entries might have been based. Even upon an examination of the impugned ACR we find that learned Reporting Officer has over all graded the appellant to be average in Parts-II, III and IV while drawing pen picture the only observations is "nothing special". We further find in Part-VI (a)(iii) he has been graded as an average Officer while in Part (VI)(b)(ii) he has been reported to be fit for promotion on his turn. We, therefore, find that the said impugned entry is rather inconsistent with other entries in Part-VI. Learned counsel for the appellant has cited the case of Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others (1997 PLC (C. S.) 1059). We have examined the said judgment and find that the following has been observed by the Hon'ble Supreme Court in somewhat similar circumstances:--

"In the instant case, the appellant admittedly, has earned good reports before 1991 as well as for subsequent periods. That being so, the Reporting Officer should have stated with particularity as to how all of the sudden there was a change in the conduct and behaviour of the appellant, supported by sufficient material. This has not been done by the Reporting Officer which has resulted in grave prejudice to the appellant".

We find that the said observations of the Hon'ble Supreme Court fully cover the case in hand. This service appeal is accordingly allowed and impugned remarks in the ACR of the appellant for the period 1-1-1994 to 6-7-1994 are expunged.

H.B.T./M-1927/L Appeal allowed.

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