SHAFIUR RAHMAN, J.---Leave to appeal was granted to the appellant to examine the question whether adverse remarks recorded in the judgment of the Balochistan High Court dated 24-9-1986 dismissing a Constitution Petition filed by the Appellant were not such as to be expunged from the judgment being extraneous, not based on record and not deserved by the appellant.
2. The Pakistan Agricultural Research Council started a programme on Weeds of Cereals with the grant of American Government under PL-480. The programme related to the Balochistan Province, was to commence in 1983 and was to continue for a period of three years. Staff was recruited for the programme and the Petitioner was one such person recruited in BPS-18 on the recommendation of the Selection Board and took over on 27-8-1984. His services were terminated on 19-4-1985. He challenged the termination of his services by a Constitution Petition wherein the position taken up by the respondent was that the programme had itself to be abandoned and the employment of the appellant being temporary, he could not be reinstated. The High Court while dismissing the Constitution Petition made certain observations in paragraphs Nos.6 and 8 and the appellant is aggrieved by the following observations:- "(a) The conduct of the petitioner could also not be worthy of any credence. Actually he was responsible for the discontinuation of the Programme. It was his conduct which compelled the respondents to terminate the Programme".
(vide last five concluding lines of Paragraph-6 of the judgment).
(b) It is a pity that such a useful Programme initiated with the assistance of foreign aid and so essential for the agricultural progress of this backward province of Balochistan had to be discontinued mainly due to the misbehaviour, misconduct and inefficiency of the petitioner, still the petitioner has the cheek to come up with this petition."
3. The appellant considers that he did not deserve these remarks, that there was no material to justify the recording of the remarks and that he stands condemned in the matter of future employment by such remarks.
4. By going through the judgment we find, there is another remark in Paragraph 4 of the judgment which is equally damaging to the appellant and it is as hereunder:- "The record produced also shows that the programme had also to be terminated mainly on account of the mis-behaviour and misconduct of the petitioner."
5. The petitioner had made a grievance with regard to the termination of his services. The order of termination of service was defended on the ground that the appellant himself was responsible for the order. To substantiate, various documents were placed on record and a reference to some of them and their contents is necessary. In a letter dated 9-1-1985, the Project Incharge reported to the Director of Agriculture (Research), Agriculture Research Institute, as hereunder in respect of the appellant:- "Therefore, this time S.S.O. Was asked to go alongwith sprayers and chemicals. He verbally refused saying that until and unless project vehicle is purchased he will not go. Thus I was forced to send Mr. Badal Khan Kamdar of Entomology Section on 5-1-1985 to see the condition and stage of the wheat plots. He pointed out that crop is in one or two leaf stage. Therefore still we are on safe side if trials are done within three or four days.
' As far as he states that progress of work during December is nil because necessary facilities have not been provided to him, I do not understand that what type of facilities he wants. He has been given a separate room as his office. Sprayers and chemicals are with him. He is provided with Research Programme. He had been discussing the Research Programme with me from time to time. He has been provided with vehicle along with advance amount of POL and Travelling Allowance, while on tour to Kachi Distt: I feel that facilities have been provided to him. Weed project staff consisting of one Office Assistant, one Field Assistant and one Lab: Attendant are also under his control directly. If still he says that he has done nothing during the month it is his fault. He must be responsible for wastage of Government money."
6. A week later, an incident took place on the 17th of January, 985, in the presence of other officials concerned with the programme, which was reported and attested by those present, in the words as hereunder:- "At about 11.30 I was sitting in my office. The above officers were also sitting beside stove to warm up their hands due to low temperature outside. Mr. Muhammad Hadi, Sr.R.O. Weeds entered the room, with the TA. Bill for Islamabad. I looked the paper and told him politely that I have been called by Coordinator Weeds to attend the programme, your name is not available on the nomination list.
A copy of the letter alongwith nomination has already arrived in the Directorate of Research. He got angry and lost his temper. He started tearing the papers. I told him politely that if heating arrangement is there in your office, why don't you sit there. He slapped on the table and said I will sit here.
' Looking to the situation, I did not say anything to him. I called peon Mr. Aslam and asked him to accompany me while going to Director Research for complaint. I reported the situation verbally to Director Research."
On 31st of March, 1985, again a Report was made and it is in the following words:- "Myron Shenk Cooperating Scientist, Dr.Shad Senior Research Officer Weeds Islamabad, Dr. James Smith, Director PERRO and Mr. S. L. Minglani Accounts Officer PERRO visited this office from 29-1-1985 to 2-2-1985. They all noticed that Senior Scientific Officer does not know about the subject. They wanted to see his bio-data. And Director PERRO asked him several questions regarding his qualifications and age. They also noticed that he is overage and not qualified. All four visitors were unhappy with his bahaviour, because he lied with them regarding experiments. As far as behaviour with me is concerned you know it very well. He is dealing with your honour directly and started tearing official papers in front of other subordinate staff members and misbehaved. Similar things were noticed by foreigners in the field while wheat section staff was present."
7. On 17-4-1985, the Government of Balochistan, Agriculture and Cooperative Department addressed a letter to the Director of Agriculture, Research Wing in Balochistan, in the following words:- "...It was observed that the duties assigned to Mr. Muhammad Hadi, Senior Scientific Officer, have not been performed upto the desired level of satisfaction of his superiors.
' This question is highly undesirable and cannot be allowed to continue in future, hence you are directed to dispense with the service of the above named officer in accordance with the terms and conditions of his appointment against the post."
8. Finally, on the 29th of May, 1985, the Secretary Agriculture, Government of Balochistan, addressed a letter to the Chairman, Pakistan Agriculture Research Council, in the words that follow:- "Unfortunately it could not be possible to find a qualified and experienced Senior Scientific Officer to run the scheme efficiently and effectively. The Officer recruited temporarily could not do any useful work as he did not possess the requisite qualification and experience. He rather started misbehaving with his incharge and created problems for him.
' The Provincial Government after careful consideration has decided to terminate the scheme with immediate effect and to return the unspent amount to PARC."
' The Chairman, Pakistan Agriculture Research Council, consented to the proposal of the Balochistan Government by his letter dated 18th of June, 1985 and in this manner the programme came to an end.
9. These documents and the contents thereof provide the material, form the basis and justify the comments made by the High Court with regard to the performance of the appellant. Such observations could be made by the High Court and there was material and occasion to make them.
10. In the circumstances no case is made out for expunction of these remarks. The appeal is dismissed. No order is made as to costs.