GENERAL MANAGER, PAKISTAN RAILWAYS Versus FEDERAL SERVICE TRIBUNAL
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the General Manager, Pakistan Railways against the order of the Federal Service Tribunal, which expunged an adverse annual confidential report for the period from January 1, 1994, to December 31, 1994, characterizing respondent No.2 as an unwilling worker without pre-counselling as allegedly required under the rules. The core legal question concerns whether the Service Tribunal was justified in expunging the adverse entry when the department contended that pre-counselling was unnecessary due to fourteen other similar adverse reports issued against the employee advising him to improve, which were not produced before the Tribunal due to the absence of prior allegations. The Court granted leave to consider the contentions raised by the petitioner department regarding the necessity of pre-counselling and the existence of other adverse reports.
- Whether the Service Tribunal was justified in expunging an adverse annual confidential report on the ground of lack of pre-counselling?
- Can the department rely on other adverse reports not produced before the Service Tribunal to justify the absence of pre-counselling?
ORDER
SAJJAD ALI SHAH, C.J.‑‑‑ It is submitted by the counsel for the petitioners that respondent No.2 approached the Service Tribunal with grievance that his annual confidential report for the period from 1‑1‑1994 to 31‑12‑1994 was adverse in nature alleging him to be as unwilling worker which was done without pre‑counselling as is requirement under the rules. Written statement was filed on behalf of the petitioner department and the allegation was denied. In the result, after hearing, the adverse entry has been expunged by the Service Tribunal.
2. It has been urged before us that there was no need for pre -counselling for the reason that on the same ground fourteen other reports were issued by the department, which were adverse in nature on the same ground with advice that he should improve his condition and become a willing worker. These reports were not produced because there was no allegation in the service appeal of the petitioner that there were other entries against him, which were adverse in nature. It is contended that in these circumstances expungment of the remarks was uncalled for.
3. Leave is granted to consider the above contentions. .
A.A./G‑562/S Leave granted.