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1989 SCMR 1471

MUHAMMAD MUNIR MALIK vs THE GOVERNMENT OF PUNJAB through

Citation1989 SCMR 1471
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1007 of 1984
Date1989-02-27
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

1. ' GHULAM MUJADDID, J.--In the year 1981, Muhammad Munir Malik while working as Extra Assistant Commissioner, D.G. Khan was conveyed adverse remarks, "Below average; Is inclined to be arrongant; An officer of doubtful integrity and immature in his public contact."

2. ' He filed representation to expunge the adverse remarks entered in his A.C.R. That was rejected by the competent authority. He then appealed to the Punjab Service Tribunal. That was dismissed by judgment dated 3-7-1984. Now he seeks leave to appeal against the aforesaid judgment of the Tribunal.

3. ' Learned counsel appearing in support of this petition contended that the petitioner had been condemned unheard. An enquiry was essential under the law but that was not held. According to the learned counsel, the judgment of the Tribunal as such was not sustainable.

4. ' We find from the judgment of the Tribunal that the appeal filed by the petitioner was barred by time. The Tribunal accepted this position and declined to condone the delay. Nevertheless, it so appears that in the interest of justice the Tribunal examined the merits of the case.

5. There is no force in the submission that the petitioner had been condemned unheard or that no proper enquiry was held. The petitioner absented himself from the proceedings on the basis of medical certificate and the Commissioner was of the view that this was a manoeuvre by the petitioner to win over the witnesses. The Tribunal has referred to the conduct of petitioner in the impugned judgment.

6. ' We don't think that there has been violation of any rule or principles of natural justice. The petition has no merit which is hereby dismissed.

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