1992 PLP (C (PLC(CS))
MUHAMMAD ARIF CHAUDHRY Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | S.M. Ishaq, Rana Rifat Saeed and Ch Hasan Nawaz, Members |
| Parties | MUHAMMAD ARIF CHAUDHRY Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment |
| Primary Law | (c) Civil service, (b) Civil service, (a) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) Civil service, (b) Civil service, (a) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: S.M. Ishaq, Rana Rifat Saeed and Ch Hasan Nawaz, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD ARIF CHAUDHRY Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fazal Elahi Siddiqi for Appellant.
- Syed Manzar Alam for Respondents Nos. 2 and 3.
- Date of hearing: 19th December, 1991.
Headnotes / Summary
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.
Adverse remarks, how to be communicated
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.
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.
Judgment & Decree
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
Adverse remarks, how to be communicated
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
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