1988 PLP (C (PLC(CS))

S. ABDUL JABBAR KHAN (CHAIRMAN).‑‑Mr. Muhammad Yousaf Shami, Lecturer (Mathematics), Government F.C. College, Lahore has filed this appeal a/s 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Director of Education (Colleges), Lahore Division, Lahore and Director Public Instruction (Colleges), Punjab, Lahore as Respondents. 2. By virtue of this appeal he has prayed that the impugned adverse remarks pertaining to the year 1984 may be expunged and order dated 3‑7‑1975 and 2‑3‑1986 be set aside. 3. Brief facts of the case are that the Appellant was conveyed adverse remarks from his A.C.R. for the year 1974 as detailed in impugned order dated 3‑7‑1975. He filed Departmental Appeal for expunction of the same which was rejected by final order dated 2‑3‑1986. He has now filed this appeal before us for the expunction of the said remarks. 4. We have heard the learned counsel for the appellant as well as District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance. 5. The learned counsel for the appellant has raised the following points:‑ (1) Certain unpleasant misunderstandings developed between the Reporting Officer and the appellant which led to an enquiry. As a result of the said enquiry the Principal/Reporting Officer was held responsible for creating tense atmosphere. (2) In view of the unfavourable attitude of the Reporting Officer the appellant submitted application dated 2‑12‑1974 that his rights may be safeguarded so that he may not become victim of personal grudge of the Principal for the purpose of A.C.R. It has therefore been submitted that the remarks are factually incorrect and need be expunged. 6. The learned District Attorney has, while relying upon the parawise comments, argued that the remarks be sustained as these are fully justified on the basis of considered opinion of the Reporting Officer and the Countersigning Officer. 7. We have particularly taken into consideration the views of the Director of Education, Lahore Division, Lahore on this report as well which are reproduced below:‑ "The reporting officer has since died his comments could not be obtained. The reply of the officer in his defence reveals that the report was written by the R.O. under strained relations with Mr. Shami, so much so an enquiry had been initiated by the Director of Education (C), Rawalpindi against the parties. The authorities were informed by the officer about his apprehensions for being victimized by the Principal. In view of the above circumstances the entire report of the R.O. appears to be based on hostility and ill feeling. The decision may be taken in the light of the finding of the enquiry against the parties. In case the enquiry report favours the officer under report the adverse remarks may be expunged." It has become clear from the views of the Director of Education, Lahore Division that the matter was duly enquired into by the Department and the appellant was not found at fault. Therefore, we agree with the Director of Education that the Reporting officer was hostile and harbouring ill‑will against the appellant. We quote para 30 of the instructions regarding writing of A.C.Rs. as under:‑ "30. Manner of writing report.‑‑The opinion expressed should be the result of careful consideration; no personal bias, ire or favouritism should colour the report." We have already settled the point in a number of cases such as 1985 P L C (CS) 585 that if certain allegations have been the subject‑matter of an enquiry and as a result of thorough probe it is found that the allegations were incorrect then there is no justification for reflecting such allegations in A.C.Rs. of that civil servant. 8. In view of the above analysis we proceed to accept the appeal set aside the impugned orders and expunge the adverse remarks from Appellant's A.C.R. for the year 1974 and there will be no order as to costs. A. E./78/Sr.P?????????????????????????????????????????????????????????????????????????????????????? Appeal accepted