MUHAMMAD AZHAR MALIK vs THE DIRECTOR, FEDERAL GOVERNMENT

This matter originated as a petition for leave to appeal under Article 212(3) of the Constitution of Pakistan 1973, challenging a judgment of the Federal Service Tribunal which had 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 concerned the validity and finality of these adverse remarks in the context of ongoing disciplinary proceedings against the petitioner. With the consent of both parties, the Supreme Court disposed of the petition by directing the Secretary, Ministry of Defence, to conclude the pending disciplinary proceedings initiated against the petitioner via Charge Sheet No. 3400/D-18 within 60 days. The Court held that the adverse remarks in the petitioner's A.C.R. shall remain contingent upon the final outcome of these disciplinary proceedings. This judgment establishes the principle that adverse entries in a civil servant's service record may be rendered subject to the final determination of related disciplinary inquiries, ensuring procedural fairness and preventing premature prejudice to the employee's service record.