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2009 SCMR 908

GOVERNMENT OF PAKISTAN through Secretary Establishment Division,

Citation2009 SCMR 908
CourtSupreme Court of Pakistan
Case No.C.P.L.A No,900 of 2007
Date2007-11-29
Judge(s)Abdul Hameed Dogar, Ijaz-ul-Hassan Khan, Muhammad Moosa K. Laghari
ResultLeave granted

ORDER

' IJAZ-UL-HASSAN KHAN, J.--- Government of Pakistan through Secretary Establishment Division, Cabinet Secretariat, Islamabad, has filed instant petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking leave against judgment, dated 29-9-2007 passed by Federal Service Tribunal, Islamabad, in Appeal No,1095(R)(C.S.) of 2004.

2. Mr. Niaz Ahmed Rathore, learned Deputy Attorney-General, for petitioner Government, contended that Federal Service Tribunal has erred in expunging downgrading remarks recorded by Countersigning Officer in Part VI(b)(iii) i,e, "yet not fit for promotion" and in Part VI(a)(iv) i,e, "equals the majority of officers (average)" of the ACR for 1999 of respondent Iqbal Ahsan Zaidi merely stating that it was not backed by the requisite revision in the preceding Parts of the ACR. He further contended that the Tribunal has condoned period of limitation in filing appeal after rejection of earlier representation of the respondent without valid and cogent reasons.

3. Leave to appeal is granted to consider, inter alia, above contradictions raised by learned Deputy Attorney-General.

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