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1989 SCMR 1238

Rana ABDUL GHAFFAR KHAN vs THE PUNJAB GOVERNMENT

Citation1989 SCMR 1238
CourtSupreme Court of Pakistan
Case No.Civil Petition No,145 of 1984
Date1989-02-22
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--The petitioner was a Magistrate posted in Faisalabad. In his annual confidential report for the period falling between 4-7-81 and 31-12-81 the District and Sessions Judge made the following remarks:- "Forms wrong views and then persists in them; is not open to correction."

' These remarks were communicated to the petitioner. He made a representation for expunction which was rejected by the Government. He then filed an appeal before the Service Tribunal but this too met with no success. He now seeks leave to appeal from this Court.

2. While rejecting the appeal of the petitioner, the learned Tribunal observe d:- "In the present case, what we find is that the learned Sessions Judge besides making reference to the events of 1982, has reported that his assessment was based on various orders and judgments which came before him in appeals and revisions that he formed opinion that the appellant was formulating wrong views and then was persisting in the same. It would not be possible for us to disbelieve a positive statement made by the Judicial Head of a District, therefore, we are of the considered opinion that no exception can be taken to an honest assessment of work of the appellant which came under review from time to time before the learned Sessions Judge."

3. After hearing the learned counsel for the petitioner, we are unable to accept his contention that the adverse remarks were entirely unfounded and the learned Tribunal erred in not expunging them. The petition is dismissed.

Cited by 3 cases

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