1. MUHAMMAD AMEER BHATTI, J/Member.--- This appeal under section 5 of the Punjab Subordinate Judiciary Service Tribunal, Act, 1991 is directed against the adverse remarks Recorded by Reporting Officer Mr. Sohail Nasir, the then District and Sessions Judge, Gujranwala in the ACR of the appellant for the period from 11-5- 2009 to 14-9-2009 which were conveyed to him vide letter No.252/RHC/4.C-II dated 27-3-2010. The representation filed by the appellant for expunging of the aforesaid remarks was also rejected vide letter No.506/RHC/4.C-II dated 26-5-2010. Hence this appeal.
2. The contentions of the appellant are that the Reporting Officer had malafidely recorded impugned remarks against the appellant for this short period whereas throughout his career of eight years he never earned any adverse remarks despite the fact that he had the opportunity to work under nine Reporting Officers.
3. The learned counsel for the appellant submitted that he belonged to Gujrat and had been associated with the chamber of Mr. Tariq Javed Warraich, Advocate the then Member Punjab Bar Council. Said Tariq Javed, Advocate played a leading role in strike held by the Gujrat Bar Association against the present Reporting Officer, who at that time was posted as Additional District and Sessions Judge, Gujrat, allegedly for his corruption and improper attitude towards Members of the Bar Association and passed resolution for his removal as Additional District and Sessions Judge. He further submitted that he earned good reports from his Reporting and Counter- Signing Officers in his entire judicial career and never received any warning or counseling regarding his work from any Reporting Officer.
4. Conversely respondents' counsel has not denied that except these adverse remarks regarding impugned period of 96 days, the appellant never earned any adverse remarks although he worked under nine other Reporting Officers. The respondent has filed written reply, but has nothing to say except that Reporting Officer made this unbiased report on the basis of work of the appellant.
5. We have heard the learned counsel for the parties and gone through the record of the case.
6. It would be advantageous to have a look at the ACRs for the entire judicial career of the appellant:--- ACR FOR THE PERIOD 1-9-2001 TO 31-12-2001.
2. REPORTING OFFICER: SHER ZAHEER AHMED KHAN, DISTRICT AND SESSIONS JUDGE, FAISALABAD.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer.
3. (Signed)
(b) Counselling: Was the Officer advised to improve vide instruction No.6 during the period under report? If so, on what aspects and with what results?
4. (Signed)
(c) Assessm ent of performance: Please comment on how effective the officer has been in performing the duties mentioned at S.No.9 in Part I. Also comment on the officer's contribution to the overall performance of your office/organization especially in the light of any numerical measure e.g. Examination results for teaching staff or other applicable index such as profitability, project implementation, tax collection etc. In other cases give your assessment of relative proportion of (i) routine cases (ii) complicated cases/situations (iii) policy cases/crisis situations dealt with by the officer. Also indicate whether further training is required for increasing his effectiveness and if so, in which area. (Signed)
(d) Usefulness for further retention in service Useful (Signed)Not Useful
(e) Inspections of subordinate officers.--- Please indicate whether inspections were carried out regularly by the officer and inspection reports were completed properly in time. Please also comment on steps taken for implementation of inspection reports and guidance provided to his subordinates. (Signed)
(f) Field Tours: Please comment on interest taken by the officer in systematic and regular field tours. (Signed)
5. PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, Ill and in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Equals the majority of officers (Average) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
6. Name of the Reporting Officer (Signed)
7. ACR FOR THE PERIOD 1-1-2002 TO 18-9-2002.
8. REPORTING OFFICER: SHER ZAHEER AHMED KHAN, DISTRICT AND SESSIONS JUDGE.
PART V
(d) Usefulness for further retention in service Useful Useful (Signed)Not Useful PART VI Comparing him with other officers of the same level and keeping in view the overall gradings,in parts II, III and in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Better than the majority of officers (Good) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
9. Name of the Reporting Officer (Signed)
10. ACR FOR THE PERIOD 19-9-2002 TO 31-12-2002.
11. REPORTING OFFICER: JAVED IQBAL SIDDIQUI, DISTRICT AND SESSIONS JUDGE, FAISALABAD.
PART V
(d) Usefulness for further retention in service Useful (Signed) Not Useful PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, III and in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading '' Equals the majority of officers (Average) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
12. Name of the Reporting Officer (Signed)
13. ACR FOR THE PERIOD 1-1-2003 TO 30-8-2003.
14. REPORTING OFFICER : JAVED IQBAL SIDDIQUI, DISTRICT AND SESSIONS JUDGE, VEHARI.
PART V
(f) Usefulness for further retention in service Useful (Signed)Not Useful PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts I, II, III and IN VIEW OF THE ABOVE, in view of the above, give your general assessment of the officer by initiating the appropriate box below:,
(a) Overall grading Equals the majority of officers (Average) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
15. Name of the Reporting Officer (Signed)
16. ACR FOR THE PERIOD 1-10-2003 TO 31-12-2003.
17. REPORTING OFFICER: BADAR-UZ-ZAMAN CHATHA, DISTRICT AND SESSIONS JUDGE, LAHORE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (A well read and shield officer)
(c) Assessm ent of performance: Please comment on how effective the officer has been in performing the duties mentioned at S.No.9 in Part I. Also comment on the officer's contribution to the overall performance of your office/organization especially in the light of any numerical measure e.g. Examination results for teaching staff or other applicable index such as profitability, project implementation, tax collection etc. In other cases give your assessment of relative proportion of (i) routine cases (ii) complicated cases/situations (iii) policy cases/crisis situations dealt with by the officer. Also indicate whether further training is required for increasing his effectiveness and if so, in which area. (Good)
(d) Usefulness for further retention in service Useful (Signed) Not useful PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Better than the majority of officers (Good) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
18. Name of the Reporting Officer (Signed)
19. ACR FOR THE PERIOD 1-1-2004 TO 26-8-2004.
20. REPORTING OFFICER: BADAR-UZ-ZAMAN CHATHA, DISTRICT AND SESSIONS JUDGE, LAHORE.
PART V
(b) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (A good judicial officer in all respects)
(c) Assessm ent of performance: Please comment on how effective the officer has been in performing the duties mentioned at S.No.9 , in Part I. Also comment on the officer's contribution to the overall performance of your office/organization especially in the light of any numerical measure e.g. Examination results for teaching staff or other applicable index such as profitability, project implementation, tax collection etc. In other cases give your assessment of relative proportion of (i) routine cases (ii) complicated cases/situations (iii) policy cases/crisis situations dealt with by the officer. Also indicate whether further training is required for increasing his effectiveness and if so, in which area. (Good)
(d) Usefulness for further retention in service Useful (Signed)Not Useful PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(d) Overall grading Better than the majority of officers (Good) (Signed)
(e) Fitness for promotion Fit for promotion in his turn (Signed)
(f) Integrity Honest Name of the Reporting Officer (Signed)
21. ACR FOR THE PERIOD 20-9-2004 TO 31-12-2004.
22. REPORTING OFFICER: CH. MUHAMMAD ASLAM, DISTRICT AND SESSIONS JUDGE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (A good officer.)
(f) Usefulness for further retention in service Useful Useful (Signed)Not Useful PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the- above, give your general assessment of the officer by initiating the appropriate box below:
(g) Overall grading Equals the majority of officers (Average) (Signed)
(h) Fitness for promotion Fit for promotion in his turn (Signed)
(i) Integrity Honest (Signed)
23. Name of the Reporting Officer (Signed)
24. ACR FOR THE PERIOD 1-1-2005 TO 31-12-2005.
25. REPORTING OFFICER: CH.MUHAMMAD ASLAM, DISTRICT AND SESSIONS JUDGE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (A good judicial officer.)
(d) Usefulness for further retention in service PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:---
(a) Overall grading Equals the majority of officers (Average) (Signed)
(b) Fitness for, promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
26. Name of the Reporting Officer (Signed)
27. ACR FOR THE PERIOD 1-1-2006 TO 15-7-2006.
28. REPORTING OFFICER: CH. MUHAMMAD ASLAM, DISTRICT AND SESSIONS JUDGE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (A good officer.)
(f) Usefulness for further retention in service Useful (Signed) Not useful PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:---
(e) Fitness for promotion Fit for promotion in his turn (Signed)
(f) Integrity Honest (Signed)
29. Name of the Reporting Officer (Signed)
30. ACR FOR THE PERIOD 22-7-2006 TO 31-12-2006.
31. REPORTING OFFICER: PERVAIZ ALI CHAWLA, DISTRICT AND SESSIONS JUDGE, SARGODHA PART V
(a) Pen Picture: Please comment on airy particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (He is good officer. May be posted on a judicial post).
(c) Assessm ent of performance: Please comment on how effective the officer has been in performing the duties mentioned at S.No.9 in Part I. Also comment on the officer's contribution to the overall performance of your office/organization especially in the light of any numerical measure e.g. Examination results for teaching staff or other applicable index such as profitability, project implementation, tax collection etc. In other cases give your assessment of relative proportion of (i) routine cases (ii) complicated cases/situations (iii) policy cases/crisis situations dealt with by the officer. Also indicate whether further training is required for increasing his effectiveness and if so, in which area. (His performance was satisfactory)
(d) Usefulness for further retention in service Useful Not (Signed)
(e) Inspections of subordinate officers: Please indicate whether inspections were carried out regularly by the officer and inspection reports were completed properly in time. Please also comment on steps taken for implementation of inspection reports and guidance provided to his subordinates. (He carried out required inspections)
32. PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, III and in view of the above, give your general assessment of the officer by initiating the appropriate box below:---
(d) Overall grading Better than the majority of officers (Good) (Signed)
(e) Fitness for promotion Fit for promotion in his turn (Signed)
(f) Integrity Honest (Signed)
33. Name of the Reporting Officer (Signed)
34. ACR FOR THE PERIOD 1-1-2007 TO 22-6-2007.
35. REPORTING OFFICER: PERVAIZ ALI CHAWLA, DISTRICT AND SESSIONS JUDGE, SARGODHA.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (He is intelligent. He has good understanding of law).
(d) Usefulness for further retention in service Useful (Signed) Not useful PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Better than the majority of officers (Good) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
36. Name of the Reporting Officer (Signed)
37. ACR FOR THE, PERIOD 23-6-2007 TO 31-12-2007.
38. REPORTING OFFICER: CH. KHALIQ-UZ-ZAMAN, DISTRICT AND SESSIONS JUDGE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer.
39. (Nothing special to mention)
(b) Counselling: Was the Officer advised to improve vide instruction No.6 during the period under report? If so, on what aspects and with what results? (Never)
(d) Usefulness for further retention in service Useful (Signed) Not useful PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, III and in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Equals the majority of officers (Average) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
40. Name of the Reporting Officer (Signed)
41. ACR FOR THE PERIO+ D 1-1-2008 TO 21-8-2008.
42. REPORTING OFFICER: CH. KHALIQ-UZ-ZAMAN, DISTRICT AND SESSIONS JUDGE.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (He is nice officer, who believes in hard work and decency)
(b) Counselling: Was the Officer advised to improve vide instruction No.6 during the period under report? If so, on what aspects and with what results? (Never)
(d) Usefulness for further retention in service PART VI Comparing him with other officers of the same level and keeping in view the overall gradings in parts II, III and in view of the above, give your general assessment of the officer by initiating the appropriate box below:
(a) Overall grading Better than the majority of officers (Good) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
43. Name of the Reporting Officer (Signed)
44. ACR FOR THE PERIOD 30-8-2008 TO 31-12-2008.
45. REPORTING OFFICER: CH.MUHAMMAD YOUNIS, DISTRICT AND SESSIONS JUDGE, SARGODHA.
PART V
(a) Pen Picture: Please comment on any particularly strong or weak points without repeating earlier parts of the report. Also indicate the future posting considered most suitable for the officer. (AN AVERAGE OFFICER.)
(d) Usefulness for further retention in service Useful (Signed)
46. Not useful PART VI Comparing him with other officers of the same level and keeping in view the overall grading in parts II, III and IN VIEW OF THE ABOVE in view of the above, give your general assessment of the officer by initiating the appropriate box below:---
(a) Overall grading Better than the majority of officers (Good) (Signed)
(b) Fitness for promotion Fit for promotion in his turn (Signed)
(c) Integrity Honest (Signed)
47. Name of the Reporting Officer (Signed)
7. From the scrutiny of all the ACRs recorded by different Reporting Officers, we do not find anything against the appellant, except the impugned adverse remarks which were recorded during a short period of 96 days by the Reporting Officer, who (as alleged by the appellant) had ill will against him on account of the Bar Association's Resolution as stated above. It is also noticed that a show- cause notice was issued by the Reporting. Officer to the appellant when he sent, application for casual leave without prior permission. The wording of the notice reflects that behavior of the Reporting Officer towards the appellant was very aggressive. Thus, it is apparent that Reporting Officer had recorded adverse report against the appellant to take revenge of his defamation caused by the Members of Bar Association of Gujrat. There is also nothing on record that the appellant was ever called for or anything written was sent to him for counseling. It is also not denied by the respondent that to reach to this conclusion there was any material available before the Reporting Officer as he never made any remarks regarding his judgments while hearing the appeals against them. We are cognizant about the law laid down by the Hon'ble Supreme Court of Pakistan reported as (PLD 2004 SC 191) Ch. Shabbir Hussain and others v Registrar, Lahore High Court, Lahore and others, where it has been observed that "no allegation is made against the Reporting Officer and the Countersigning Officer about their mala fide and their own reputation is not clouded, their evaluation as to the performance of their subordinates should be accepted".
8. The appellant has specifically mentioned in his representation as well as grounds of appeal that Reporting Officer was withdrawn from District, Gujrat on account of the strike observed by the Members of the Bar Association when he was performing his duties as an Additional District and Sessions Judge and appellant being Member of Bar Association also in agreement with the resolution of Bar had refused to attend the Court of the then Additional District and Sessions Judge (Reporting Officer).
9. It is also noticed that in the column of pen-picture, nothing regarding his integrity was ever mentioned, rather only remarks about his behavior were passed. However, while filling the column "C" of Part VI, the appellant was recorded as "corrupt".
10. It is also worthwhile to note that Quarterly report submitted by the Reporting Officer on 29-8- 2009 received in the respondent office on 15-9-2009 depicts that said Reporting Officer specifically mentioned "that there is no complaint against him from any quarter with reference to corruption" and after fifteen days, both of them left the station as the ACR impugned is uptil the period of 14-9- 2009. Hence, it is unbelievable that within fifteen days he acquired such knowledge which constrained him to draw a definite opinion regarding Judicial Officer as being "corrupt".
11. are taking a very serious notice of this aspect as the appellant took a specific stance of mala fide of the Reporting Officer in his representation and appeal. A reply given by the respondents department was sadly submitted under the signatures of the same Reporting Officer, who did not bother to answer the allegation levelled against him by the appellant. It was coincidently an opportunity for the Reporting Officer to defend his observation and to bring on record the material and reason for his stance by giving a detailed, emphatic and specific reply but his evasive reply amounts to admission as per settled law. Moreover such a Reporting Officer who had then become a part of the cruel and malicious act on the part of the High Court establishment besides being against all canons of law specifically ignores the basic principle of "Nemo Debet Essee Judges In Propia Sua Cause" (No man to be his own judge and litigant).
12. In the light of the dictum laid down by the Hon'ble Supreme Court of Pakistan referred supra and keeping in view peculiar circumstances discussed above, we have no option but to accept the appeal and to direct that the impugned remarks recorded about work, conduct and integrity of the appellant are not warranted and without any justification and same being unfounded be expunged from his service record.