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Petitioner: MUHAMMAD ARIF CHAUDHRY VS Respondent: GOVERNMENT OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 732
[Federal Service Tribunal]
Before S.M. Ishaq, Rana Rifat Saeed and Ch Hasan Nawaz, Members
MUHAMMAD ARIF CHAUDHRY
Versus
GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 2 others
Appeal No. 319(R) of 1991, decided on 5th January, 1992.
(a) Civil service---
---- Annual confidential report---Adverse remarks---Reporting Officer's reason for giving adverse remarks was that a few citizens made complaints against the civil servant during Chief Minister's visit and that later on complainants informed that their submission of complaints was based on some misconception---Such remarks should not have been made a part of the report on the performance of civil servant, after the complainants had stated in writing that their complaints were based on misundersanding---Adverse remarks in question had the tendency to create an adverse impression about the civil servant, and damage had been done irrespective of the latter part of the remarks, viz. that complainants withdrew their complaints stating that they were based on misunderstanding---Remarks against civil servant regarding integrity appeared to be contradictory---Such inbuilt inconsistency was violative of the relevant instructions on the subject---Adverse remarks in question, being unjustified were expunged, with overall upgradation of assessment from average to good in the relevant part of the Annual Confidential Report.
(b) Civil service---
---- Annual Confidential Report---Adverse remarks, how to be communicated---Procedure---Adverse remarks should be communicated to the officer concerned, mainly to enable him to make efforts for improvements-- When any adverse remarks were made in the Annual Confidential' Report of any officer, copy of the whole report should be furnished to him at the earliest opportunity i.e. within one month from the date the report was countersigned---Serious view should be taken to any failure on the part of officials concerned to furnish a copy of the report containing adverse remarks to the officer reported upon within the stipulated period.
(c) Civil service---
---- Annual Confidential Report---Adverse remarks---Communication of adverse remarks to concerned officer---Late communication of adverse remarks not warranted by reference to para. 3.3 (iii)(b) of Guide to Performance Evaluation.
Fazal Elahi Siddiqi for Appellant.
Syed Manzar Alam for Respondents Nos. 2 and 3.
Date of hearing: 19th December, 1991.