Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: PROVINCE OF THE PUNJAB VS Respondent: SARDAR NOOR ILAHI KHAN LEGHARI
1992 P L C (C
1992 P L C (C.S.) 1131
[Supreme Court of Pakistan]
Present: Shafiur Rahman, S. Usman Ali Shah and Ali Hussain Qazilbash, JJ
PROVINCE OF THE PUNJAB through Chief Secretary, Punjab, Lahore and another
versus
SARDAR NOOR ILAHI KHAN LEGHARI and another
Civil Appeal No.70 of 1987, decided on 7th October, 1990.
(From the judgment of Federal Service Tribunal dated 12-5-1986 passed in Appeal NO-308 (R) of 1985).
(a) Constitution of Pakistan (1973)---
----Art. 212(3)---Leave to appeal was granted to examine whether Federal Service Tribunal was within its jurisdiction in expunging adverse remarks recorded by supervisory officer in character roll of civil servant for specific year.
(b) Civil service---
---- Annual Confidential Report---Adverse remarks---Remark, "Average" in respect of overall performance, could not be considered to be adverse---No representation or appeal would lie before Service Tribunal against remark, "average"---Service Tribunal, thus, went beyond its jurisdiction in expunging remarks "average" from annual confidential report of civil servant.
Secretary, Government of Punjab v. Ahmad Kamaluddin 1981 SCMR 392 ref.
(c) Civil service---
---- Annual confidential report---Adverse remarks---Remarks of higher officer would prevail over that of a subordinate---Service Tribunal, by giving precedence to opinion of Inspector-General, Police over opinion of Chief Secretary, simply because former dealt with civil servant directly, had violated established principle rooted in system of hierarchical bureaucracy---Chief Secretary was free to record his own opinion and impression and unless it was manifestly untenable, same could not be substituted by opinion formed by Service Tribunal from limited material that was before it during hearing of appeal--Judgment of Service Tribunal was not sustainable in circumstances.
Muhammad Nawaz Abbasi, Asst. A.-G. Punjab and Rao M. Yousuf Khan Advocate on-Record for Appellants.
Fazal Elahi Siddiqui Advocate Supreme Court and Manzoor Ilahi Exuviate-on-Record for Respondent No.1.
Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No.2.
Date of hearing: 7th October, 1990.