S. ABDUL JABBAR KHAN (CHAIRMAN). --Fayyaz Ahmad Malhi, Instructor (Management), Government College of Technology, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Principal, Government College of Technology, Lahore, and the Director, Technical Education, Punjab, Lahore, as respondents.
2. By virtue of this appeal he has prayed that the adverse reports relating to the years 1968, 1970 and 1975, be expunged as unjustified as well as belated being communicated after a lapse of 17 years, 15 years and 10 years, respectively, and impugned letters, dated 22-7-1984 and 14-9-1985, be set aside. ,
3. Brief facts of the case are as under: The appellant was adversely reported in the year 1968 in which he was considered "below average" in a number of columns. In the pen picture he was shown as "slightly below average type of teacher, and irregular and takes his assignment easy". In the year 1970, he was considered not quite regular and punctual". For the year 1975, the appellant was observed that "there have been complaints about him that he does not take his classes regularly". These adverse remarks were conveyed to the appellant on 27-12-1984, against which he made representation to the next higher authority which intimated him on 14-9-1985, that his representation has been considered and decided that adverse remarks in question should stand. 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. With regard to the report of 1968, learned counsel for the appellant has relied on the instructions of the Government, which became basis of a decision given in case of Maqsood Alam v.
Government of Punjab, Forestry Department (No. 171/632 of .1984, decided on 12-1-1985). Ajmal Hussain v. Secretary Government of the Punjab, Forestry and Wildlife Department (No. 715/1072 of 1984, decided on 14-4-1985) and Malik Maqsood Ahmad v. Secretary, Irrigation and Power Department, Lahore. It has been submitted that according to the judgment of this Tribunal as well as instructions of Government issued in this behalf, adverse reports earlier than 1969, would have no legal effect.
6. With regard to the adverse reports pertaining to the years 1970 and 1975, it has been submitted that these are also belated as well as against the facts contrary to the specified columns. He has further submitted that the only complaint against the appellant in the A.C. Rs., of 1970 and 1975, that he was not regularly attending the classes but whereas certificates of results of those years clearly indicated that the pass percentage of final year class was 85% in the year 1970 and 86.05% in the year 1975.
7. Learned District Attorney has adopted the comments of the Department by submitting that although these may be belated reports yet these are considered adverse, if these are placed on A.C. Rs.
8. We have given our anxious thought to the arguments advanced by the parties and find that adverse report of the year 1968 will stand expunged in the light of the judgments delivered by this Tribunal in the cases so mentioned above, as well as on the instructions of the Government itself.
9. With regard to the adverse reports for the years 1970 and 1975, this Tribunal has examined the A.C. Rs. At length and find that nothing has been said in the specified columns whereas a contrary observation has been made in the pen picture. This stands negated by Annexure 'D' on record so filed by the appellant with his appeal, which clearly shows that the appellant's results in final year class were 85$ and 86.5$ for the years 1970 and 1975, respectively. If the appellant would have been unpunctual as well as not taking classes regularly, then the results could not be achieved by him.
10. The result is, we accept the appeal, set aside the impugned orders and direct that the adverse remarks for the year 1968, 1970 and 1975, be expunged from the A.C: Rs. Of the appellant. However, there will be no order as to costs.