1. GHULAM MUJADID ISRAN (MEMBER).- -Riaz Ahmed Arain, Assistant Research Officer Agriculture Research Institute Tando Jam has filed this appeal against adverse remarks for the years 1986, 1987, 1988 and 1989 conveyed to him vide letter No.SO(A-IV)I(43)/89 dated 12th January 1991 and departmental order No.S.O. (A-IV)ARI-493/85 dated 07-4-1992 rejecting his representation.
2. Briefly the facts of the case are that the appellant was communicated the adverse remarks on behalf of Secretary Agriculture & Livestock Department vide letter dated 12th January 1991 which is reproduced as under:- "No.S.O. (A-IV) 1(43)/89, Government of Sindh Agriculture & Livestock Department.
3. Karachi, dated the 12th January, 1991.
4. My dear, Mr. Riaz Ahmed Arain, Your confidential reports for the years 1986, 1987, 1988 and 1989 are containing the following adverse entries:- 1986 Part-V and VI.
5. Column Contents Adverse Remarks, (V)
6. Pen picture The officer has not progressed parallel to his length of service.
7. (Vl-B) (iii)
8. Fitness for promotion.
9. Not vet fit for promotion.
10. 1986 Part-VI.
(b) (iii)
11. Fitness for promotion.
12. Not vet fit for promotion.
13. 1988.
14. Part-V Pen picture.
15. The officer rigid minded. Does not pick and adopt the guidance of his superiors.
16. 1989 Part-V Pen picture.
17. Pays little attention to the advice of superiors.
18. The above defects are communicated to you and you are advised to make efforts to remove the same.
19. The duplicate of this letter (enclosed) may please be signed (with date) and returned to the undersigned by registered post in token of having received the original.
20. A copy of this letter is being placed on your actor roll.
21. "SD/- MUHAMMAD JURIAL MANGRIO SECTION OFFICER (A-IV) for Secretary to Government of Sind.
22. To, Mr. Riaz Ahmed Arain, Assistant Research Officer, A & R. I. Tando Jam."
23. The appellant preferred representation for expunction of the adverse remarks which was rejected.
24. He then came to this Tribunal in the present appeal.
25. We heard the learned counsel for the appellant as well as learned counsel for the official respondents. We also perused the relevant record with their assistance.
2. We have given our anxious thought to the submissions advanced by the learned counsel for the parties and found that in the present case relevant instructions about writing of ACID's (hereinafter called the said instruction) issued by Services & General Administration Department (Regulation Wing) have been ignored. The adverse remarks for the years 1986, 1987, 1988 & 1989 were not communicated to appellant in time as the same were brought to his notice in January 1991. In this connection we refer to para 34 of the said instructions which is reproduced as under:- "34. The timely communication of adverse remarks is of paramount importance. The authorities competent to communicate the adverse remarks should ensure that the adverse remarks are communicated without fail to person concerned by the end of June. Failure to do so will attract disciplinary action against the person responsible for the delay."
3. We feel that the appellant was not given a fair deal by communicating to him the adverse remarks in time so that he could have been in a position to represent if necessary.
26. The learned counsel for the appellant submitted that the adverse entries were given to the appellant with malafide intention in order to refuse him his moveover to Grade-18. We sec some force in his arguments in view of the fact that the extracts of adverse remarks recorded in his ACRs for the years 1986, 1987, 1988 and 1989 were communicated to the appellant through Director Rice Research Sindh Rice Research Institute Dokri vide his letter dated 30-1-1991, whereas the meeting of the Departmental Promotion Committee was held on 17- 1-1991 to consider the moveover cases of the officers of Agriculture Research Wing. On perusal of the minutes of the Committee we noticed that the appellant's case was also considered in the said meeting and due to adverse entries in his Confidential Reports his ease was deferred. We are of the view that communication of adverse remarks to the appellant in such a manner was not in accordance with the standing instructions and action may be taken against the officer/s concerned due to failure on their part for not communicating the adverse entries to the appellant within the stipulated period so that the officer concerned could have removed the defects or asked for their expunction.
4. We have also taken note of the fact that the confidential report of the appellant for the period 1- 1-1986 to 31-8-1986 prior to the period under dispute is good' and the report for the period 1-1-1990 to 31-12-1990 initiated by the same reporting officer who has given him adverse remarks is also 'good'. It appears that this report was not considered by the DPC because it was initiated late as on 2-2- 1991 and signed by the counter-signing officer in May 1991.
27. It was also brought to our notice that the appellant was placed under the same reporting officer w.e.f. 1-9-1986 to 1-10-1991 ignoring the instruction as in para 41 of the said instructions which makes it obligatory to the authority concerned that the officer receiving adverse remarks for two successive years from the same reporting officer should be placed under another reporting officer.
28. The para 41 is reproduced as under:- "
41. Action in case of recording adverse remarks by same reporting officer for two successive years. In order to guard against personal likes and dislikes an official receiving adverse remarks for two successive years from the same reporting officer should be placed under another reporting officer."
29. We have also noticed that no counselling or warning was ever issued to the appellant by the respondents during the period under report to enable him to make efforts for improvement. The appellant was kept in total ignorance that his superiors were dissatisfied with him.
5. In the light of above discussion we see no reason to uphold the remarks. We therefore accept the appeal, set aside the impugned orders with no order as to costs and direct that the impugned adverse remarks from the ACR of the appellant for the periods 1-9-1986 to 31-12-1986, 1-1-1987 to 31- 12-1987, 1-1- 1-1-1988 to 31-12-1988 and 1-1-1989 to 31-12-1989 be expugned.
6. Given under our hands and the seal of this Tribunal this 20th day of July, 1993 at Karachi.