1989 SCMR 1471 (PLP)
MUHAMMAD MUNIR MALIK Petitioner Versus THE GOVERNMENT OF PUNJAB through Secretay, S & GAD Respondent
| Citation | 1989 SCMR 1471 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | MUHAMMAD MUNIR MALIK Petitioner Versus THE GOVERNMENT OF PUNJAB through Secretay, S & GAD Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 SCMR 1471 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 SCMR 1471 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 SCMR 1471 (PLP) (MUHAMMAD MUNIR MALIK Petitioner Versus THE GOVERNMENT OF PUNJAB through Secretay, S & GAD Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khalilur Rehman, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 27th February, 1989.
Headnotes / Summary
(From the judgment of Punjab Service Tribunal dated 3‑7‑1984 in Appeal No.414/397 of 1983). ‑‑‑Art.212(3)‑‑Adverse remarks in Annual Confidential Report‑‑Expunction‑ Appeal to Service Tribunal barred by time‑‑Service Tribunal, however, examined merits of the case in the interest of justice‑‑Contention that petitioner had been condemned unheard as an enquiry was essential which was not held‑‑Petitioner absented himself from such proceedings on the basis of medical certificate and the competent Authority was of the view that this was a maneuver by the petitioner to win over the witnesses‑‑Service Tribunal, in its judgment had also referred to this conduct of the petition r,n‑Leavew to appeal against order of Tribunal refused.
Judgment & Decree
GHULAM MUJADDID, J.‑‑In the year 1981, Muhammad Munir Malik while working as Extra Assistant Commissioner, D.G. Khan was conveyed adverse remarks, "Below average; Is inclined to be arrogant An officer doubtful integrity and immature in his public contact." He filed representation to expunge the adverse remarks entered in his A.C.R. That was rejected by the competent authority. He then appealed to the Punjab Service Tribunal. That was dismissed by judgment dated 3‑7‑1984. Now he seeks leave to appeal against the aforesaid judgment of the Tribunal. Learned counsel appearing in support of this petition contended that the petitioner had been condemned unheard. An enquiry was essential under the law but that was not held. According to the learned counsel, the judgment of the Tribunal as such was not sustainable. We find from the judgment of the Tribunal that the appeal filed by the petitioner was barred by time. The Tribunal accepted this position and declined to condone the delay. Nevertheless, it so appears that in the interest of justice the Tribunal examined the merits of the case. There is no force in the submission that the petitioner had been condemned unheard or that no proper enquiry was held. The petitioner absented himself from the proceedings on the basis of medical certificate and the Commissioner was of the view that this was a maneuver by the petitioner to win over the witnesses. The Tribunal has referred to the conduct of petitioner in the impugned judgment. We don't think that there has been violation of any rule or principles of natural justice. The petition has no merit which is hereby dismissed. M.BA./M‑840/S Petition dismissed.