' S. HAEFFZ-UR-RAHMAN (Memnaa).-The appellant, Fazal Mohammad, while working as Deptuy Ranger in the Multan Forest Division, wasjawarded the following adverse remarks in his Annual Confidential Reports :- A.C.R. For the period 1st January 1971 to 31st December 1971 General Remarks by "Does not enjoy good reputation. His Higher Officer : protection was unsatisfactory."
A.C.R. For the period Is: January, 1971 to 10th July, 1972 Integrity : "There had been a complaint against him during the period under report which was under enquiry."
General Remarks "Sometimes he exceeds the limit of his power".
General Remarks "A corrupt official who had to be trans- by Higher Officer. Ferred away on account of a number of irregularities."
A.C.R. For the period 16th August, 1972 to 31st December, 1972 General Remarks "A corrupt official who had to be by Higher Officer. Transferred away on account of a number of irregularities committed by him in Khanewal East Range. During the period under report he was re-transferred to Multan Forest Division for completion of enquiries against him which the D.F.O. Failed to do."
2. Through this appeal the appellant seeks expunctions of all these remarks on the ground that these stood automatically washed off when His Appeal (No, 775/688 of 1974) against dismissal from service was accepted by this Tribunal vide its decision dated 4th February, 1977 and it was accepted by that judgment that he was not guilty of any intentional misdoing. The appellant contends that these remarks stand in the way of his promotion, as conveyed to him by the Conservator of Forest Multan Circle, vide Department's endorsement dated 13th May, 1978,
3. The parties were heard and the record of the cases which led to the appellant's dismissal and his subsequent re-instatement after this Tribunal's judgment of 4th February, 1977, was gone through.
After hearing the parties and examining the above-mentioned record we have arrived at the conclusion that the adverse remarks for the periods 1st January, 1972 to 10th July, 1972 and from 16th August, 1972 to 31st December, 1972 were the result of happenings which culminated in proceeding under the E & D Rules against the appellant and his dismissal from service. There is no doubt that in the light of this Tribunal' judgment of 4th February, 1977 these remarks no longer have any force, because the very basis on which they were recorded got demolished by that judgment.
We have, therefore, no hesitation in ordering that these remarks should be expunged from the Character Roll of the appellant.
4. As for the adverse entry for the period from 1st January, 1971 to 31st December, 1971 we note that this remark is by the Higher Officer whereas the Reporting Officer states that there was no complaint in regard to the appellant's integrity during this period and goes on to praise him to the extent of recommending him for accelerated promotion. Nothing has been shown before us to justify this remark of the Higher Officer and we cannot but arrive at the view that the remark was not justified. This adverse entry too is, therefore, ordered to be expunged.
' Resultantly, the appeal succeeds.