ORDER Saad Saood Jan (Chairman).--The appellant belongs to the Provinial Civil Service (Executive Branch). In May, 1970 he was dismissed from service under M. L. R.
58. In 1960 he was due to cross efficiency bar. The Provincial Government asked for a report from the High Court on his suitability with regard to the crossing of the efficiency bar. The High Court advised that he should not be allowed to do so. Before the Provincial Government could make an order in the matter, he was dismissed from service in August, 1961. He was re-instated in 19*2, but was tried by a Special Military Court on charges of corruption. He was acquitted but was tried by another Military Court and convicted. Subsequently the proceedings of the Second Military Court were annulled and he was re-instated he continued in service till 1969 when he was suspended under M. L. R.
58. The question whether a Government servant should be permitted to cross the efficiency bar is not one which is to be decided in routine ; on the contrary, it requires a positive finding of the competent authority on the question whether he is really fit to cross that stage. In view of the service history of the appellant, we do not think we would be justified in making any recommendation favourable to the appellant in this regard. Accordingly we dismiss the appeal in limine.