1988 PLP (C (PLC(CS))

S.ABDUL JABBAR KHAN (CHAIRMAN). ‑‑Nazir Ahmad Kasana, Soil Fertility Officer, Ayub Agricultural Research Institute, Faisalabad, has filed this appeal a/s 4 of the Punjab Service Tribunals Act,1974, in which he has impleaded the Secretary to Government of the Punjab, Agriculture Department, Lahore, as respondent. 2. By virtue of this appeal he has prayed that the impugned order dated 18‑11‑1984 as well as 19‑1‑1985, be set aside and the adverse remarks for the years 1959, 1978, 1979, 1980 and 1981, be expunged. 3. Brief facts of the case are that the appellant was conveyed adverse remarks for the ACRs relating to the years 1959,1978,1979,1980 and 1981, by letter dated 14‑11‑1984, en masse. He filed a representation against the same, which was rejected by order dated 29‑1‑1985. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance. 5. Learned counsel for the appellant has submitted that the appellant while serving in WAPDA project applied for the post of Soil Fertility Officer in the Agriculture Department and was selected and recommended by the Public Service Commission for direct recruitment as such. Accordingly the appellant joined the Agriculture Department in the year 1970 as a fresh recruit, therefore, the remarks for the years 1959 which had been earned by the appellant prior to his resignation had no significance or existence by virtue his resignation. According to him the rules on the subject are very clear, which state that a civil servant forfeits his previous service by virtue of his resignation, therefore, the benefits as well as disadvantage of his previous service stood forfeited by virtue of his resignation. With regard to the appellant's ACRs for the years 1978 to 1981, his work, conduct and integrity were satisfactory. However, in the columns 'interest in actual welfare' and 'interest in economic development' in all these ACRs the same remark i.e. "is inclined to treat this aspect of his duty as routine function" Learned counsel for the appellant has submitted that firstly this was not an adverse remark and secondly this remark was not treated to be adverse by the authorities concerned at the relevant time when the ACRs were written, countersigned and processed by the authorities concerned. It was for this reason that these remarks were not communicated to the appellant at the relevant time, Learned counsel for the appellant has taken objection for this communication of remarks after the expiry of 4 to 7 years, which were in violation of instructions regarding communication of adverse remarks. Learned counsel for the appellant has further relied on the comments, submitted on behalf of the Director General Research, Ayub Agriculture Institute, Faisalabad dated 1‑1‑1985, wherein it has been conceded that both the remarks of 1959 as well as later remarks from the years 1978 to 81, be expunged. 6. On the other hand learned District Attorney has submitted that in view of the law so mentioned above, he had nothing to say in this matter and concluded his arguments by submitting that it was within the prerogative of the Tribunal to decide the case on merits. 7. We have given our anxious thought to the arguments advanced by the parties and would reproduce the letter dated 1‑8‑1985, bearing No.503/3‑65/Conf. from Director General Agriculture (Research) Ayub Agricultural Research Institute, Faisalabad, to the Secretary, Government of the Punjab, Agriculture Department, Lahore, asunder: ‑ "Subject: Representation for the expunction of adverse remarks recorded in the Annual Confidential Reports for the years 1959, 1978, 1979, 1980 and 1981. Kindly find enclosed herewith an appeal of Mr.Nazir. Ahmed Kisana, Soil Fertility Officer, Faisalabad, against Government Order No.SO(A‑I)1‑7/83 dated 29‑1‑1985, for favour of further necessary action. It is strongly recommended that the appeal in question may kindly be considered sympathetically, and adverse remarks expunged in the light of facts given below: (1) Mr. Nazir Ahmad Kisana served the West Pakistan Agri. Department from 1958 to 20‑2‑1962 as Agricultural Assistant. He resigned from the said post on 20‑2‑1962 (A.N.) and thereafter he joined services under Azad Jammu and Kashmir Government and then in WAPDA. He again joined the Agri. Department in 1970, as Soil Fertility Officer through West Pakistan Public Service Commission. The adverse entries in the ACR of the appellant relating to the year 1959, may kindly be ignored/ expunged due to his resignation from service on 20‑2‑1962 (A.N.). (2) The adverse entries in the ACRs of Mr.Nazir Ahmad Kisana for the years 1978,1979,1980 and 1981 are concerned with 'Interest in Social Welfare' and 'Interest in economic development', which are not applicable to research workers. Hence, the same may kindly be expunged. (3) The adverse entry in his ACR for the year 1979 which relates to 'Touring' may also be expunged as recommended by the Director Rapid Soil Fertility Survey and Soil Testing Institute, Lahore, vide his office No.9643/1‑34, dated 29‑6‑1985. (Copy enclosed). It will be useful to reproduce the letter mentioned above as under:‑ "From The Director, Rapid Soil Fertility Survey and Soil Testing Institute, 232‑Shadman II, Lahore. To The Director General Agr. (Research) Ayub Agricultural Research Institute Faisalabad. SUB: REPRESENTATION FOR THE EXPUNCTION OF ADVERSE REMARKS RECORDED IN THE ANNUAL CONFIDENTIAL REPORTS FOR THE YEARS 1959,1978,1979,1980 AND 1981. Memorandum: Kindly find enclosed appeal/ representation of Mr. Nazir Ahmad Kisana, Soil Fertility Officer, Faisalabad, against the Government Order No. SO(A‑I)1‑7/83, dated 29‑1‑1985, which is self‑explanatory. (2) The Officer has improved a lot and earned good reports during the proceeding years, therefore, it is recommended that the entry under Sr.No.24 of PART II during the year 1979, may also kindly be expunged." 8. In view of these two letters of respondents and keeping in view paras 33 and 34 of the Instructions regarding communication of adverse remarks, we have no alternative but to accept the appeal, set aside the impugned orders and direct that all the adverse entries from the ACRs of the appellant, be expunged forthwith. However, there will be no order as to costs. Judgment be communicated to the parties. A. E. /74/Sr.P Appeal accepted.