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Petitioner: GENERAL MANAGER, PAKISTAN RAILWAYS And Others VS Respondent: FEDERAL SERVICE TRIBUNAL And Another
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Bashir Jehangiri Title:GENERAL MANAGER, PAKISTAN RAILWAYS And Others vs FEDERAL SERVICE
TRIBUNAL And Another Case No.: Constitutional Petition No.475 of 1995 Date of Judgment:1995-12-10 Reported As: 1997 SCMR 1342 Result: Leave granted Judgment ORDER SAJJAD ALI SHAH, C.J.---It is submitted by the counsel for the petitioners that respondent No.2 approached the Service Tribunal with grievance that his annual confidential report for the period from 1-1-1994 to 31-12-1994 was adverse in nature alleging him to be as unwilling worker which was done without pre-counselling as is requirement under the rules. Written statement was filed on behalf of the petitioner department and the allegation was denied. In the result, after hearing, the adverse entry has been expunged by the Service Tribunal. 2. It has been urged before us that there was no need for pre-counselling for the reason that on the same ground fourteen other reports were issued by the department which were adverse in nature on the same ground with advice that he should improve his condition and become a willing worker. These reports were not produced because there was no allegation in the service appeal of the petitioner that there were other entries against him which were adverse in nature. It is contended that in these circumstances expungment of the remarks was uncalled for. 3. Leave is granted to consider the above contentions.