MUHAMMAD AZHAR MALIK vs THE DIRECTOR, FEDERAL GOVERNMENT
This matter comes before the Supreme Court of Pakistan via a petition under Article 212(3) of the Constitution of Pakistan 1973, directed against the judgment of the Federal Service Tribunal, Islamabad, which dismissed the petitioner's appeal against adverse remarks recorded in his Annual Confidential Report (A.C.R.) for the year 1995. The core legal question concerns the validity of adverse remarks and the pendency of related disciplinary proceedings. With the consent of both parties, the Supreme Court converted the petition into an appeal and disposed of it by directing the Secretary, Ministry of Defence, Government of Pakistan, Rawalpindi, to ensure that the disciplinary proceedings initiated pursuant to a specific charge sheet are completed expeditiously within sixty days. The Court held that the adverse remarks entered in the A.C.R. of the petitioner shall remain subject to the final outcome of those disciplinary proceedings.
- Whether adverse remarks in an Annual Confidential Report are subject to the final result of pending disciplinary proceedings?
- Can a petition against the dismissal of an appeal by the Federal Service Tribunal be converted into an appeal and disposed of with directions for expedited departmental proceedings?
- Article 212(3), Constitution of Pakistan 1973
' IRSHAD HASAN KHAN, J.---This petition under Article 212(3) of the Constitution, is directed against the judgment, dated 4-9-1997, passed by the Federal Service Tribunal, Islamabad, dismissing the appeal of the petitioner against adverse remarks recorded in his A.C.R. For the year 1995.
2. With consent of the learned counsel for the petitioner and the learned Deputy Attorney-General, the Secretary, Ministry of Defence, Government of Pakistan, Rawalpindi, is directed to ensure that disciplinary proceedings initiated against the petitioner pursuant to the Charge Sheet No,3400/D- 18, dated 29-1-1996, are completed as expeditiously as possible but not later than 60 days from today.
3. Resultantly, the petition is converted into appeal and disposed of in the above terms with no order as to costs. Needless to observe that the adverse remarks entered in the A.C.R., of the petitioner shall be subject to final result of the disciplinary proceedings against him.