1994 SCMR 2245

DEPUTY INSPECTOR-GENERAL OF POLICE, BAHAWALNAGAR Versus MUHAMMAD AFZAL ABBASI

Citation1994 SCMR 2245

CourtSupreme Court of Pakistan

Judge(s)Shafiur Rahman, Saleem Akhtar and Manzoor Hussain Sial

Authored byShafiur Rahman

ResultLeave granted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal filed by the Deputy Inspector-General of Police, Bahawalnagar, against an order of the Service Tribunal. The core legal question presented for the Supreme Court's consideration is whether the Service Tribunal erred in law by expunging adverse remarks recorded in the respondent's confidential reports without properly addressing the critical issue of limitation. Furthermore, the Court seeks to determine if the Tribunal failed to adequately consider the material evidence, specifically the comments of the Reporting Officer and the relevant appellate orders, which were duly placed on the record by the department. The Supreme Court granted leave to appeal under Article 212(3) of the Constitution of Pakistan 1973 to examine these procedural and substantive oversights. The Court directed that the record of the appeals before the Service Tribunal be produced and ordered that the matter be heard in conjunction with another related appeal, thereby setting the stage for a determination on whether the Tribunal's exercise of jurisdiction was legally sound regarding the expunction of service record entries.

Questions settled in this judgment

Can a Service Tribunal expunge adverse remarks from a confidential report without addressing the question of limitation?
Is a Service Tribunal required to consider the comments of the Reporting Officer and appellate orders when deciding on the expunction of service record remarks?

Laws & provisions referred

Article 212(3), Constitution of Pakistan 1973

service tribunalconfidential reportsexpunction of remarkslimitationleave to appealservice record

ORDER

SHAFIUR RAHMAN, J.‑‑ Leave to appeal is granted under Article 212(3) of the Constitution to examine whether the Tribunal was not in error in expunging the remarks recorded in the various confidential reports without adverting to the question of limitation and the material in the form of the comments of the Reporting Office and the appellate order which had been placed on record alongwith the contents of the department.

2. The record of the appeals before the Service Tribunal be called and made available at the hearing.

3. These appeals should b heard alongwith appeal arising out of C. P. L. A. 927‑L of 1992, wherein Lave was granted on 11‑1‑1994.

A.A./D‑109/S Leave granted.