KHALID MAHMOOD AHMAD vs SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN, ISLAMABAD and anothers
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which dismissed the petitioner's appeal regarding adverse remarks in his Annual Confidential Report (A.C.R.) for the period of 10-2-1994 to 22-12-1994. The petitioner challenged the departmental dismissal of his appeal, arguing it was done without assigning reasons, thereby violating principles of natural justice. Additionally, the petitioner contended that the Tribunal's decision was flawed because it relied on extraneous considerations, specifically a previous reversion from his post, and failed to properly address the disputed period of the A.C.R. The Supreme Court considered whether the failure to provide reasons in a departmental appeal and the Tribunal's reliance on irrelevant factors rendered the judgment unsustainable. Finding that the contentions raised by the petitioner required further consideration, the Court granted leave to appeal. The core legal question involves the procedural fairness of departmental appellate decisions and the scope of the Tribunal's review regarding the basis of adverse A.C.R. entries.
- Is a departmental authority required to assign reasons when dismissing an appeal against adverse A.C.R. remarks?
- Can a Service Tribunal base its decision on extraneous factors such as a previous, unchallenged reversion of a civil servant?
- Does the failure to provide reasons for a departmental decision constitute a violation of the principles of natural justice?
ORDER
' ABDUL HAFEEZ MEMON, J.---Leave to appeal has been sought against the judgment, dated 30-7- 1995, passed by the Federal Service Tribunal, Islamabad, whereby Appeal No,212(R) of 1995 filed by the petitioner was dismissed.
2. The petitioner was communicated adverse remarks in his A.C.R. For the period from 10-2-1994 to 22-12-1994, vide a letter dated 6-3-1995 issued by the G.H.Q. Rawalpindi. The petitioner filed departmental appeal against the said remarks, but the competent authority dismissed the appeal without assigning any reasons. He thereafter filed service appeal before the Federal Service Tribunal, which was also dismissed. While dismissing the appeal, the Service Tribunal observed that:-
(i) the petitioner had been earlier reverted from the post of Deputy Chief Administrative Officer to the post of G-I for unsatisfactory record, and the petitioner had not challenged such reversion.
(ii) the petitioner had mixed record, that in certain A.C.Rs, he had been rated good and very good, and considered to be intelligent, hardworking, cooperative and tactful and well-conversant with rules and regulations; whereas in certain other A.C.Rs, he had been rated as average, in some even below average.
' Aggrieved by the judgment of the Service Tribunal, the petitioner has filed this petition.
3. Hafiz S.A. Rehman, learned counsel for the petitioner, contended that the departmental appeal filed by the petitioner was dismissed without assigning reasons and in violation of law and the principles of natural justice. In support, learned counsel has relied on 1991 SCM R 2330.
Learned counsel next contended that the Tribunal has not dealt with the disputed period of A.C.Rs, and was influenced in its judgment by extraneous consideration of reversion of the petitioner during his probationary period, on the basis that he had not challenged his version, whereas in fact he had challenged his' reversion finally in the Supreme Court in Civil Petition No,180 of 1996, which was dismissed by this Court.
' Learned counsel further argued that in view of the above, the judgment of the Service Tribunal was erroneous and was not sustainable in law.
4. The contentions raised by the learned counsel require consideration. Leave is accordingly, granted.