' MUHAMMAD ILYAS LODHI (MEMBER).---Appellant Noor-udDin Zahid Qayyum who is serving as Assistant Soil Survey Research Officer, Soil Survey of Pakistan, was communicated adverse remarks on 24-3-1994 for the period from 21-9-1993 to 31-12-1993 with a direction that if any representation against these entries, he can make to the higher authorities within a period of 15 ays. After exhausting the departmental remedies, he has come to the Tribunal an appeal under section 4 of the Service Tribunals Act, 1973, for expunction f the adverse remarks. There is no recapitulating the adverse reports because the boxes filled in by the Reporting Officer are of stereotyped and recorded mechanically. The relevant remarks are as follows: "not yet fit for promotion".
2. It has been contended by the learned counsel that the adverse remarks in Part IV, Column B(III) are not justified and liable to be expunged. The rating in various columns is average in all columns and the appellant has not performed any duty concerning finance matters and he has no public dealing etc. He further stressed that the stereotyped columns in Parts II, III and IV do not justify the remarks of the ACR.
3. The respondents have failed to file their comments on the appeal of the appellant and has submitted that the assessm ent of performance for the period of three months is unbiased and justifiable and as such there is no legal flaw in the ACR as recorded by the Reporting Officer and the appeal of the appellant deserves to be dismissed. The respondents have not produced any citation in support of their contention.
4. We have examined the record of the case and find that under the Guidelines of Performance and Evaluation Reports, no counselling to the appellant was given throughout the year. It has been contended that no effect will be on the report if counselling was not given to him that is "not yet fit for promotion" during the year under report. It appears that report overall is average and the officer has given the adverse remarks "not yet fit for promotion" but for that no plausible explanation has been given while giving these remarks. Even he has not mentioned that he is "not yet fit for promotion" despite the fact that all other parts of the report arc average. The appellant who is a Soil Survey Officer, certain columns in which he has been marked as average are not applicable to him, such as financed responsibility and public dealing etc. Reliance is made on 1994 PLC (C.S.) 361 wherein it has been laid down that when the report is average there is no justification to declare a civil servant "not yet fit for promotion". It has been conceded by the representative of the Department that till today he has not been communicated adverse entries in the past. This shows that except the present report all other ACRs for the preceding years are good or very good.
5. For the reasons stated above, we set aside the impugned order dated 24-3-1994 and expunge the remarks not yet fit for promotion" and declare him fit for promotion. No order as to costs.