REGISTRAR LAHORE HIGH COURT LAHORE vs MUHAMMAD AFZAL KHAN and another
This matter arises from a petition filed against the judgment of a Tribunal which allowed an appeal filed by the respondent. The core legal question concerned the effect of remarks made by a countersigning officer on the annual confidential report or comments of a reporting officer regarding an officer's reputation and integrity. The Supreme Court of Pakistan held that where the countersigning officer explicitly stated that no complaints regarding corruption or reputation of corruption had been received and thus no comments could be offered either way, the Tribunal's decision to allow the respondent's appeal based on these remarks was unexceptionable. The petition was accordingly dismissed and leave to appeal was refused, affirming that favorable or neutral statutory recording by a countersigning officer protects against adverse service inferences without proper basis.
- Whether the judgment of a Tribunal allowing an appeal based on the remarks of a countersigning officer can be interfered with when the officer observed that no complaints of corruption were received?
- Does the absence of adverse comments from a countersigning officer regarding an officer's reputation warrant setting aside adverse departmental findings?
ORDER
1. Sh. Riaz Ahmed, C.J.--We have heard both the learned counsels r the petitioner and the respondent at length and have perused the judgment impugned of the Tribunal which spells out that the comments of a reporting officer were not concerned by the Counter signing officer namely Mr. Justice Faqir Muhammad Khokhar (as he then was) who had observed as under: "I did not receive any complaint as to the corruption or reputation of corruption of the officer therefore no comments can be offered either way"
2. In view of the aforesaid remarks of the countersigning officer the Tribunal proceeded to allow the appeal of the respondent to which no exception can be taken. Hence, this petition is dismissed and leave to appeal refused.