NOOR ELAHI vs FEDERATION OF PAKISTAN And Other
The petitioner, a Head Clerk in the Pakistan Air Force with thirty-one years of service, challenged an adverse Annual Confidential Report (A.C.R.) recorded in 1991. The petitioner contended that the report was biased, having been authored by a Reporting Officer under whom he served for only one year and with whom he had a grievance. Furthermore, the petitioner argued that the communication of this adverse report occurred with a significant delay of nearly four years, specifically on 15-8-1994, which constituted a procedural violation of paragraphs 15, 16-C, and 19 of the Confidential Reports for P.A.F. Civilians. The petitioner sought the expunction of the adverse A.C.R. on these grounds. The Supreme Court granted leave to appeal to consider whether the adverse A.C.R. should be expunged due to the alleged procedural irregularities in its communication and the circumstances surrounding its issuance.
- Can an adverse Annual Confidential Report be expunged if it was communicated to the employee with a significant delay in violation of departmental regulations?
- Does a Reporting Officer's alleged bias or short duration of supervision invalidate an Annual Confidential Report?
- Paragraph 15, Confidential Reports, P.A.F. Civilians
- Paragraph 16-C, Confidential Reports, P.A.F. Civilians
- Paragraph 19, Confidential Reports, P.A.F. Civilians
ORDER
1. It is submitted by the petitioner that he is Head Clerk in P.A.F, Sargodha, and has served for thirty- one years but has earned only one adverse annual confidential report in 1991 which was given to him by Reporting Officer, Flight Lieutenant Asim Malik, under whom he served only for one year and who had grievance against him. It is further submitted that this adverse A.C.R of 1991 was communicated to him after a delay of nearly four years on 15-8-1994 which was done in violation of paragraphs 15, 16-C and 19 of Confidential Reports, P.A.F. Civilians. It is contended that in the circumstances the said A.C.R is liable to be expunged. Leave is granted to consider the contention stated above.