1. JUDGMENTMOHAMMAD MEHMUD ASLAM PIRZADA (CHAIRMAN).- Asif Ali Sheikh. Junior Clerk, has filed this appeal u/s 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary (Services) Government of the Punjab, Services, General Admn and Information Department, and Registrar, Punjab % Service Tribunal, Lahore, as respondents. Through this appeal the appellant has prayed that the impugned adverse remarks conveyed to him by letter dated 13.9.1987, be expunged and order dated 7.6.1987 passed by Respondent No.1 be set aside.2. 3. #tbs4. Below average.5. Below average.6. He is not punctual as well as careless.7. #tbe8. 9. #tbs10. "Part III (Punctuality)11. Part IV (Knowledge of work) Part V (a) Pen Picture12. #tbe13. The facts of the case briefly are that the appellant was communicated the following adverse remarks recorded in his ACR for the period from 1.1.1986 to 31.12.1986:-Part V Counselling: Yes, but to no avail so far".The appellant filed representation before Respondent No.1 on 4.10.1987 which was considered and rejected vide letter dated 7.6.1988, hence this appeal.14. I have heard the parties at length and perused the service record of the appellant.15. The learned counsel for the appellant vehemently argued that the adverse remarks are contrary to the facts and there was absolutely no counselling to the appellant during the period he served under the Reporting Officer. Thelearned District Attorney strongly contested the plea taken by the learned counsel for the appellant and fully supported the case of the Respondents.16. 1 have given my anxious consideration to the submission made by thelearned Counsel for the appellant as well as learned District Attorney and have gone through the entire service record of the appellant so produced before me and feel it quite reasonable to reproduce the justification of learned Justice (Retd)S.Abdul Jabbar Khan ex- Chairman, Punjab Service Tribunal, Lahore, who was the countersigning Officer of the appellant at the relevant the:-"Wiih reference to your Memo dated 28th March, 1988 received by me only a few days back. I have taken into consideration the representation filed by Mr. Asif AH Sheikh and have no hesitation to concede that my endorsement on the adverse remarks given against him was a routine matter without application of my mind. The remarks were not pointed out to me by the author, in order to give me a chance to apply my independent mind. This official secured good remarks by the predecessor of the author and I agreed with the same. I hardly find any justification for the existence of the present remarks as such a sudden change connot be visu alised in the person, who was good in the first part.I have recollected this by and feel that there was nothing wrong with him, as the same was not pointed out by author. I strongly recommend that the remarks be expunged."Sd/-Justice (Retd) S.Abdul Jabbar Khan ex-Chairman, Punjab Service Tribunal.25.4.1988"After careful examination of the report of the ex-Chairman, Punjab Service Tribunal, being the countersigning officer, to me there is no way out but to at upon it in toto. I have seen the record and find that the appellant secured good report from the predecessor of Respondent No.2 for the period 1.1.1986 to28.5.1986, which is reproduced below: -"Part IV (Knowledge of work "A" (Good)Part V (a) Pen picture. An obedient civil andpolite official whose performance during the period under report remained satisfactory.(e) His performance was good".I also find that the Respondent No.2 took the charge of Registrar Punjab Service Tribunal on 11.6.1986, to my mind he was under no legal obligation to write down the ACR of the appellant for the period from 1.1.1986 to 11.6.1986, as he was not holding the charge of Registrar, PST. The1 assessment of the Reporting Officer with regard to the punctuality, knowledge of work and counselling is unjustified as I find not a single instance of complaint or warning or the appellant was ever asked to amend his conduct in writing to his performance during the period of the impugned report. Therefore, I am of the firm opinion that the remarks recorded by him are not a fair and unjustified as the appellant's service record before and after the impugned report speak volume in his favour. The respondents have failed to justify the remarks in the parawise comments.. 6- In the light of the above detailed analysis of the case I accept the appeal, set aside the impugned order and direct that the remarks recorded in the ACR of, the appellant for the period from 1.1.1986 to 31.12.1986 be expunged There is no order as to costs, ,j|(- ,,am jvig-tj J'.Bni m. Ln;:liQUS'XV i. . 'Ln ; ' Ctr: