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1998 PLC (C.S.) 925

KHALID MAHMOOD AHMAD vs SECRETARY, MINISTRY OF DEFENCE,

Citation1998 PLC (C.S.) 925
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 461 of 1995 Appeal No, 212(R) of 1995
Date1996-11-25
Judge(s)Mukhtar Ahmed Junejo, Abdul Hafeez Memon
ResultLeave granted

ORDER

' ABDUL HAFEEZ MEMON, J.---Leave to appeal has been sought against the judgment, dated 30-7- 1995, passed by the Federal Service Tribunal, Islamabad, whereby Appeal No,212(R) of 1995 filed by the petitioner was dismissed.

2. The petitioner was communicated adverse remarks in his A.C.R. For the period from 10-2-1994 to 22-12-1994, vide a letter dated 6-3-1994 issued by the G.H.Q. Rawalpindi. The petitioner filed departmental appeal against the said remarks, but the competent Authority dismissed the appeal without assigning any reasons. He thereafter, filed service appeal before the Federal Service Tribunal, which was also dismissed. While dismissing the appeal, the Service Tribunal observed that:-

(i) the petitioner had been earlier reverted from the post of Deputy Chief Administrative Officer to the post of G-I for unsatisfactory record, and the petitioner had not challenged such reversion.

(ii) the petitioner had Mixed record, that in certain A.C.Rs, he had been rated good and very good, and considered to be intelligent, hardworking, cooperative and tactful and well-conversant with rules and regulations; whereas in certain other A.C.Rs, he had been rated as average, in some even below average.

' Aggrieved by the judgment of the Service Tribunal, the petitioner has filed this petition.

3. Hafiz S.A. Rehman, learned counsel for the petitioner, contended that the departmental appeal filed by the petitioner was dismissed without assigning reasons, in violation of law and the principles of natural justice. In support, learned counsel has relied on 1991 SCM R 2330.

Learned counsel next contended that the Tribunal has not dealt with the disputed period of A.C.Rs, and was influenced in its judgment by extraneous consideration of reversion of the petitioner during his probationary period, on the basis that he had not challenged his reversion, whereas, in fact, he had challenged his reversion in the Supreme Court in Civil Petition No,180 of 1996, which was dismissed by this Court.

' Learned counsel further argued that in view of the above, the judgment of the Service Tribunal was erroneous and was not sustainable in law.

4. The contentions raised by the learned counsel require consideration. Leave is accordingly, granted.

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