SENIOR MEMBER, BOARD OF REVENUE, N.W.F.P. PESHAWAR and others vs MUHAMMAD IOBAL KHAN and another
This petition for leave to appeal challenged a judgment of the N.-W.F.P. Service Tribunal, which had accepted an appeal filed by an Assistant Excise and Taxation Officer and expunged adverse remarks recorded in his Annual Confidential Report (A.C.R.) for the year 1986. The respondent had initially received adverse remarks, which were upheld by the appellate authority, leading him to approach the Service Tribunal. The petitioners contended that the Tribunal erred in interfering with the opinion of the counter-signing authority, who had made the adverse entry based on available material. Upon review, the Supreme Court found that the Service Tribunal acted within its jurisdiction in hearing the appeal and that the impugned judgment contained no exceptional errors warranting interference. The Court held that the Tribunal possesses the requisite jurisdiction to adjudicate such service matters. Finding no question of public importance involved in the petition, the Supreme Court dismissed the petition for leave to appeal, thereby maintaining the Tribunal's decision to expunge the adverse remarks.
- Does a Service Tribunal have the jurisdiction to hear an appeal against the recording of adverse remarks in an Annual Confidential Report?
- Can the Supreme Court interfere with a Service Tribunal's decision to expunge adverse remarks where no question of public importance is involved?
ORDER
1. ' S.USMAN ALI SHAH, J.---This petition for leave to appeal filed by the petitioners is directed against the judgment of the N.-W.F.P. Service Tribunal dated 12-3-1989, whereby Appeal No,186 of 1988 of respondent No,1 was accepted.
2. ' Muhammad Iqbal Khan respondent No,1 was an Assistant Excise and Taxation Officer, Peshawar in the year 1986, under the administrative control of the petitioner No,1 . He was posted from Peshawar to D.I.Khan on the same post where he was communicated adverse remarks given to him in his A.C.R. For the year 1986, vide letter No,19053/Estab: ACR dated 17-9-1987 (Annexure 'A'). The respondent made a representation against these remarks to petitioner No,1 being the appellate authority. The said representation was rejected by the petitioner No,1 vide letter No,16091/Estab: PF- 54, dated 19-10-1988. Being aggrieved the respondent No,1 filed appeal before the N.-W.F.P. Service Tribunal, Peshawar (respondent No,2). The learned Chairman and Member of the Tribunal after examining the case:of the respondent No,1, accepted the appeal and expunged the adverse remarks from his A.C.R. For the year 1986, vide impugned judgment. Hence, this petition for leave to appeal.
3. ' The learned counsel for the petitioners contends that though the remarks of the reporting officer give a good entry of the ACR but the opinion of the counter-signing authority making adverse entry on the basis of material before him, was wrongly interfered with by the learned Service Tribunal. We have gone through the judgment of the learned Tribunal in the light of the contention raised by the learned counsel. We find nothing exceptional in the impugned finding and the Tribunal has the jurisdiction to hear the appeal in the matter. As we find no question of public importance involved in this petition. Hence, it is, accordingly dismissed.