1. ' NASIM HASAN SHAH, J.--The petitioner is aggrieved by the adverse remarks recorded in his Annual Confidential Report by the Commissioner. He challenged the same by an appeal to the Service Tribunal but having failed there he has now moved this Court, seeking leave to appeal.
2. ' The learned Service Tribunal relied upon the comments submitted by the learned Commissioner while justifying his adverse opinion. The Commissioner, in his aforesaid comments, observed that the petitioner was facing an inquiry in connection with the attestation of a bogus and ante-dated affidavit while he was posted as E.A.C. Lahore. He has also referred to a case in which a person had died since long but the appellant (in that case) advanced the date of death by one year from November, 1981 to December, 1980, with a view to favouring certain persons who had no genuine case.
3. ' The Service Tribunal opined that in view of these concrete cases, which were cited by the learned Commissioner, the assessm ent made by him was justified.
4. ' Mr. Amjad Ahad has submitted before us that the petitioner was only facing an inquiry about the above two allegations but that he was ultimately exonerated in the inquiries conducted about them. He has placed on record copy of. Order No,SO(C)11-130/84 dated 15-5-1985 and the copy of Order No,SO(C)11-280/82 dated 29-6-1985 which are to the effect that the charges were not established. He has also drawn our attention to the instructions of the Establishment Division contained in Memo. No,9(4)/54-SE-III, dated 27-9-1954 on the subject of "Procedure for making entries of punishment orders in confidential reports" wherein it is stated that in cases where departmental inquiries are pending it is only after the order awarding punishment has been niade that an adverse remark should be recorded in the character roll of the officer concerned. The submission of the learned counsel is that in this case the above instruction was violated. He further submitted that if the above instruction had been observed the adverse entries would not have been recorded since the petitioner was ultimately exonerated in the departmental inquiries.
5. ' Call for a report from the respondent on these submissions. The respondent is directed to submit the report within six weeks.