GOVERNMENT OF PAKISTAN through Secretary Establishment Division, Islamabad vs IQBAL AHSAN ZAIDI and 2 others
The Government of Pakistan filed a petition for leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, challenging the judgment of the Federal Service Tribunal dated 29-9-2007, which had expunged the downgrading remarks ('yet not fit for promotion' and 'equals the majority of officers (average)') recorded in the Annual Confidential Report (ACR) for 1999 of the respondent, Iqbal Ahsan Zaidi. The core legal question was whether the Service Tribunal erred in expunging the adverse remarks on the ground that they were not backed by revisions in preceding parts of the ACR, and whether it improperly condoned the limitation period for filing the appeal. The Supreme Court granted leave to appeal to consider these contentions, holding that the questions raised merit a detailed examination. The key principle laid down is that adverse or downgrading remarks in an ACR cannot be expunged by a service tribunal merely for want of consistency with preceding parts without proper scrutiny of the record and limitation requirements.
- Whether the Federal Service Tribunal can expunge downgrading remarks in an Annual Confidential Report merely on the ground that they are not backed by the requisite revision in preceding parts of the ACR?
- Can the Federal Service Tribunal condone the period of limitation for filing an appeal after the rejection of a departmental representation without valid and cogent reasons?
- Article 212(3), Constitution of Islamic Republic of Pakistan 1973
ORDER
' IJAZ-UL-HASSAN KHAN, J.--- Government of Pakistan through Secretary Establishment Division, Cabinet Secretariat, Islamabad, has filed instant petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking leave against judgment, dated 29-9-2007 passed by Federal Service Tribunal, Islamabad, in Appeal No,1095(R)(C.S.) of 2004.
2. Mr. Niaz Ahmed Rathore, learned Deputy Attorney-General, for petitioner Government, contended that Federal Service Tribunal has erred in expunging downgrading remarks recorded by Countersigning Officer in Part VI(b)(iii) i,e, "yet not fit for promotion" and in Part VI(a)(iv) i,e, "equals the majority of officers (average)" of the ACR for 1999 of respondent Iqbal Ahsan Zaidi merely stating that it was not backed by the requisite revision in the preceding Parts of the ACR. He further contended that the Tribunal has condoned period of limitation in filing appeal after rejection of earlier representation of the respondent without valid and cogent reasons.
3. Leave to appeal is granted to consider, inter alia, above contradictions raised by learned Deputy Attorney-General.