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1981 SCMR 840

INSPECTOR GENERAL, POLICF, PUNJAB, LAHORE, AND ANOTHBR vs MASOOD

Citation1981 SCMR 840
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 890 of 1979 Appeal No. 119/220
Date1980-12-09
Judge(s)Maulvi Mushtaq Hussain, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

MUSHTAQ HUSSAIN, J.-Masood Ahmad Khan, a Prosecuting Inspector of Police, was posted in Gujrat. The Superintendent of Police of that district recorded the remarks in dispute in the Annual Confidential Report for the period 15th August, 1975 to 31st December, 1975. He filed an appeal and by its order dated 17th June, 1979, the Punjab Services Tribunal expunged these remarks. Hence, this petition for special leave to appeal.

2. It has been submitted before us that an appeal lies only against a final order and that the remarks are not a final order in any case because they are meant only to give opportunity to the persons to correct themselves. We find absolutely no merit in this submission. The entries in the Annual Confidential Reports are a final order subject 4 only to their expunction by a higher authority.

3. It was also submitted that an appeal lies only against an order pertaining to the terms and conditions of service and that an entry in the Annual Confidential Report does not fall within that category. We again do not see eye to eye with the learned counsel on this point. Annual Confidential Reports are very much a part of the terms, and conditions of the service of an employee. There are positive instructions and rules on the basis of which these entries are made and on the basis of which they can be expunged. It is not denied that they can be made the basis for retiring a person from service. This petition has no merit and is dismissed.

Cited by 2 cases

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