Pakistan Case LawAMJAD ALI SHAMI, ELECTRONIC ENGINEER Versus DIRECTOR, REGIONAL
This appeal by leave arose from the dismissal of the appellant's service appeal by the Federal Service Tribunal regarding adverse remarks recorded in his performance evaluation as an Electronic Engineer (B-17) at the Regional Meteorological Centre, Lahore. The appellant challenged these remarks, contending they were unjustified and stemmed from a single incident where he disagreed with the Chairman of a Selection Committee. The core legal question before the Supreme Court was whether the adverse remarks recorded against the appellant were warranted based on his service record. Upon review of the appellant's complete service record produced by the respondents, the Supreme Court determined that the remarks were not justified and warranted expunction. Consequently, the Court allowed the appeal, set aside the order of the Federal Service Tribunal, and directed that the adverse remarks be expunged from the appellant's record. The judgment reaffirms the principle that adverse service remarks must be substantiated by the overall service record and cannot be sustained if they lack objective justification or appear to be based on isolated, non-prejudicial incidents.
- Are adverse remarks against a civil servant justified when based on a single incident of professional disagreement?
- Does the Supreme Court have the authority to review and expunge adverse remarks from a civil servant's service record?
- Is a complete review of a service record necessary to determine the validity of adverse remarks?
ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances.
1.The appellant was working as an Electronic Engineer (B-17) in the Regional Meteorological Centre at Lahore. Adverse remarks were conveyed to him. He made a representation that the impression of his being uncooperative was based on a single incident where he is a member of three-man Selection Committee had disagreed with the Chairman. Having had no relief he filed an appeal before the Federal Service Tribunal which was dismissed on 6-81989.
2.The appellant was granted leave to appeal vide order dated 14-3-1990.
3.After hearing the learned counsel for the parties and perusing the entire service record of the appellant produced by the learned counsel for the respondents, we are of the view that the remarks deserved to be expunged. Allowing the appeal we order accordingly. Parties are left to bear their own costs.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Abdul Shakurul Salam771 judgments
- Muhammad Rafiq Tarar605 judgments