Pakistan Case Law
1981 SCMR 840

INSPECTOR GENERAL, POLICF, PUNJAB, LAHORE, AND ANOTHBR vs MASOOD

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Citation1981 SCMR 840
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 890 of 1979 Appeal No. 119/220
Date1980-12-09
Judge(s)Mushtaq Hussain and Shafi-ur-Rehman
Authored byMushtaq Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for special leave to appeal filed against the order of the Punjab Services Tribunal dated 17th June, 1979, whereby adverse remarks recorded in the Annual Confidential Report of Masood Ahmad Khan, a Prosecuting Inspector of Police, for the period between 15th August, 1975 and 31st December, 1975 were expunged. The core legal questions before the court were whether an appeal is maintainable against entries in an Annual Confidential Report, and whether such entries pertain to the terms and conditions of service. The Supreme Court dismissed the petition, holding that entries in Annual Confidential Reports constitute final orders subject to expunction by a higher authority and form an integral part of the terms and conditions of service of an employee, especially as they can serve as the basis for compulsory retirement. The key principle laid down is that Annual Confidential Reports directly relate to service terms and conditions and are appealable.

Questions settled in this judgment
  • Whether entries in an Annual Confidential Report constitute a final order subject to appeal?
  • Do entries in an Annual Confidential Report form part of the terms and conditions of service of an employee?
Annual Confidential ReportService TribunalTerms and conditions of serviceExpunction of remarksPolice officer

ORDER

MUSHTAQ HUSSAIN, J.-Masood Ahmad Khan, a Prosecuting Inspector of Police, was posted in Gujrat. The Superintendent of Police of that district recorded the remarks in dispute in the Annual Confidential Report for the period 15th August, 1975 to 31st December, 1975. He filed an appeal and by its order dated 17th June, 1979, the Punjab Services Tribunal expunged these remarks. Hence, this petition for special leave to appeal.

2. It has been submitted before us that an appeal lies only against a final order and that the remarks are not a final order in any case because they are meant only to give opportunity to the persons to correct themselves. We find absolutely no merit in this submission. The entries in the Annual Confidential Reports are a final order subject 4 only to their expunction by a higher authority.

3. It was also submitted that an appeal lies only against an order pertaining to the terms and conditions of service and that an entry in the Annual Confidential Report does not fall within that category. We again do not see eye to eye with the learned counsel on this point. Annual Confidential Reports are very much a part of the terms, and conditions of the service of an employee. There are positive instructions and rules on the basis of which these entries are made and on the basis of which they can be expunged. It is not denied that they can be made the basis for retiring a person from service. This petition has no merit and is dismissed.

Cited by 4 cases

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